High Court: Women can’t be prosecuted U/S 354A of IPC

MP, 29 July 2024, Kolkata: The Calcutta High Court has ruled that a woman cannot be prosecuted under the gender-specific sexual harassment law under Section 354A of IPC. The court has quashed criminal proceedings against a woman accused in a case involving allegations of sexual harassment against her. 

In the case that dates back to 2020, the petitioner sought relief under Section 482 read with Section 401 of CrPC. The defence counsel is learnt to have argued that Section 354A specifically mentions “a man,” thereby excluding women from being prosecuted under this section. 

Additionally, several inconsistencies were highlighted along with lack of specific allegations against the petitioner in the FIR and witness statements. The Bench of Justice Ajay Gupta that was hearing the case observed: “Section 354A IPC can only apply qua a male accused. The section opens up with the term ‘a man.’ 

Accordingly, a woman cannot be said to have committed an offence under Section 354A of IPC.” The court further observed, “All the allegations made against the present petitioner are merely for implication with an ulterior motive for wreaking vengeance on the accused and with a view to spite her due to private and personal grudge.” 

https://www.millenniumpost.in/bengal/oppn-backs-mamatas-walkout-likely-to-raise-issue-in-parliament-573585?infinitescroll=1