Annoying, but not outraging modesty: HC says attempt to talk to woman doesn’t attract IPC 354

The Punjab and Haryana High Court has ruled that a mere attempt to initiate a conversation with a woman, though possibly annoying and unwelcoming, cannot by itself constitute an offence under Section 354 of the IPC, which deals with assault or criminal force with intent to outrage a woman’s modesty.

Justice Kirti Singh made it clear that such an act – in the absence of criminal force – did not “shock the sense of decency of a woman”. The continuation of proceedings under such circumstances would amount to an abuse of process of law.

The ruling came as Justice Kirti Singh quashed an FIR registered on July 26, 2020, at the PGIMS police station in Rohtak under Sections 354-A and 451 of the IPC, along with subsequent proceedings, including an order of January 4, 2024, whereby charges under Section 354 were framed against the petitioner.

Appearing before the bench, the petitioner’s counsel Aman Pal contended during the course of hearing that the petitioner was falsely implicated in the case. Pursuing medical programme from a Russian university, he visited the PGIMS library with a friend, who was pursuing medical degree from the institution.

He greeted the prosecutrix and tried to initiate a conversation. “However, on being declined the indulgence, the petitioner left the premises. Therefore, the ingredients of Section 354 of IPC were not made out against the petitioner,” his counsel contended. The counsel added that the alleged victim stated that she did not have any complaint against the petitioner in her testimony before the trial court

The State counsel, on the other hand, contended that a case was found to be made out against the petitioner after the investigation’s completion, following which challan was presented against him and charges framed under Section 354.

Referring to the testimony of the alleged victim before the trial court, the high court asserted it was her own admission – evident from the bare reading of her testimony before the trial court – that the petitioner merely tried to initiate a conversation with her and left the premises upon her refusal to talk.

Justice Kirti Singh asserted the record was silent on any allegation of criminal force by the petitioner. “Given the facts and circumstances of the case, as ascertained from the contents of the FIR and the statements of the prosecutrix, especially so when the record is silent with respect to use of any criminal force by the petitioner, even prima facie, the ingredients of Section 354 of the IPC are not made out,” Justice Kirti Singh asserted

Before parting with the case, Justice Kirti Singh allowed the petition before quashing the FIR and other proceedings.