P&H High Court: Attempting to Talk to a Woman Not Enough to Prove Outraging Modesty
The Punjab and Haryana High Court has ruled that merely trying to start an unwelcome conversation with a woman cannot be considered the offence of outraging her modesty under Section 354 of the Indian Penal Code (IPC).
Justice Kirti Singh observed that while such behavior may be “annoying and unwelcome,” it does not amount to an act that shocks the sense of decency of a woman. The Court noted that no evidence suggested the use of criminal force by the accused.
The case involved an FIR under Sections 354-A and 451 IPC, filed by a lady doctor at PGIMS Rohtak. According to her testimony, the accused sat next to her in the library and repeatedly tried to initiate a conversation despite her clear refusal. However, after a few exchanges, he left the place without further incident.
The prosecutrix also admitted during trial that she had no complaint against the petitioner and that he had not used force or assaulted her. The Court held that the essential ingredients of Section 354 IPC were not satisfied, even at the prima facie stage.
Citing earlier judgments, the Court emphasized that for a charge under Section 354 IPC, there must be both intent and application of criminal force to outrage a woman’s modesty. Since no such force was used in this case, the continuation of proceedings would be an abuse of legal process.
Accordingly, the Court quashed the FIR and all related criminal proceedings against the petitioner.
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