Section 354A IPC | Complaint of Sexual Harassment will not Prima Facie attracted when the woman wearing ‘Sexually Provocative Dresses’: Kerala HC

Section 354A

KERALA: In the matter of Civic [email protected] C. V. Kuttan v. the State of Kerala, the High Court has granted anticipatory bail to social activist Civic Chandran. He was charged under Section 354A IPC (sexual harassment). The Kerala Court observed that the offense under Section 354A of the Indian Penal Code is not prima facie attracted when the woman was wearing ‘sexually provocative dresses.

While filing a bail application in Court, the accused also produced some photographs. While granting bail to 74 years old accused the Court also expressed disbelief that the 74-year-old physically disabled accused could forcefully put the defacto complainant in his lap and press her breasts.

The court said that Section 354A IPC clearly states that “there must be an intention on the part of the accused for outraging the modesty of a woman” in order to attract this Section there must be physical contact and advances involving unwelcome and explicit sexual overtures, and there must be sexually colored remarks or demands or requests for sexual favors.

The Koyilandi police have registered a case against the accused for offenses under Sections 354A(2), 341, and 354 of the Indian Penal Code.

The Counsel member of the accused Advocates P.V. Hari and Sushama M moved to the court and argued that its a false case and has been fabricated against the accused by some of his enemies to seek vengeance against him. It was also contended that the case was registered almost 6 months after the alleged occurrence of the incident and the cause of delay should be explained by the prosecution.

The Public Prosecutor granted bail to the accused, contending that a similar sexual harassment case had been previously filed against the accused. The Court observed that it is a well-settled principle that when there is a long delay in lodging an FIR, then the reason for the delay must be properly explained.

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