The Bombay High Court has ruled that grabbing a woman’s shoulder, pressing it, and shoving her away, even if it causes her shame, does not amount to sexual harassment under Section 354A of the IPC, as the act lacked sexual intent or overtures.
The single-judge Bench of Justice Abhay Mantri partly quashed an FIR against Girish Ngonda Patil. The FIR was lodged by a female Block Development Officer (BDO) at a gram panchayat office. The court noted that the FIR and statements from two eyewitnesses — the village sarpanch and another person present at the office — corroborated the complainant’s version. Justice Mantri observed that the material on record indicated Mr. Patil used assault or criminal force to deter the BDO from her duties and outraged her modesty. However, the court observed that the act did not involve unwelcome physical contact, advances, or explicit sexual overtures, nor did it involve a demand for sexual favours, as contemplated under that provision. The Bench also noted that the petitioner did not possess the requisite mens rea for criminal intimidation.
The court held that these facts prima facie attract Sections 323 (causing simple injury), 353 (assaulting a public servant), and 354 (outraging modesty) of the erstwhile IPC. Consequently, the court partly quashed the FIR, retaining charges under Sections 323, 353, and 354 while dismissing the charge under Section 354A. The order was pronounced on August 20.
