SUPREME COURT DENIES BAIL TO SEXUAL HARASSMENT ACCUSED IN FIR U/S 354 IPC

    The Supreme Court on Tuesday denied the plea for anticipatory bail to an accused in a case of eve-teasing, where FIR under section 354 of Indian Penal Code (Assault or criminal force to woman with intent to outrage her modesty).

    The bench headed by Justice L. Nageswara Rao was hearing a SLP (Special Leave Petition) against the decision of the Punjab and Haryana High Court which was given on January 21.

    The Punjab and Haryana Court refused the anticipatory bail to the petitioner in connection with the FIR in case under Sections 354, 506 (criminal intimidation), 341 (wrongful restraint), 34 of Indian Penal Code.

    As per the allegations in the FIR, the petitioner was misbehaving and passing inappropriate remarks about the complainant later he was confronted by the complainant, however, he did not even hesitate to reveal his name and address and threatened the complainant to do whatever he wanted to”, the High Court had noted in the impugned judgment.

    “It is a case under sections 354A (sexual harassment) and 509 (Word, gesture or act intended to insult the modesty of a woman) at best. Not 354 simpliciter. These offences are all bailable. 354 has been added only to make the whole transaction non-bailable. There was no danger of bodily harm, no criminal force or assault. At most, there may have been some indecent remarks”, Said the council of the petitioner.

    “In a public place in Jalandhar, you are teasing a young girl, threatening her family? Make your arguments at the time of regular bail. You are not entitled to anticipatory bail!”, said the bench.

    The bail was ultimately dismissed.