A Kerala court noted that the sexual harassment offence under Section 354A of the Indian Penal Code is not prima facie attracted when the woman was wearing ‘sexually provocative clothing’ when granted anticipatory release to novelist and social activist Civic Chandran in a sexual harassment case.
The 74-year-old accused had submitted the woman’s photos with the bail application.
‘The images provided by the accused with the bail request show that the de facto complainant is exposed to clothes that have certain sexually provocative elements.’ Therefore, the Kozhikode Sessions Court remarked in its ruling, Section 354A will not be a prima facie case against the accused.
The 74-year-old physically challenged accused’s ability to forcibly place the de facto complainant in his lap and touch her breasts was also questioned by the court.
The Court said that it is abundantly obvious from the language of Section 354 that the accused must have intended to offend a woman’s modesty. A violation of Section 354A, which deals with sexual harassment and its penalties, must involve physical contact, approaches that are unwanted and overtly sexual, sexually charged remarks, demands for sexual favours, or requests for sexual favours.
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