Only Men Can Be Prosecuted Under Section 354a Ipc

The High Court Of Calcutta Has Put A Hold To The Criminal Proceedings Against A Woman Accused In A Case That Includes The Charges Of Criminal Intimidation As Well As Sexual Harassment. In This Particular Case, The Petitioner Was Requesting Remedy According To The Code Of Criminal Procedure Of 1973, Sections 482 Read With 401.

Section 354a Ipc: Prosecution Of Man Under Section 354a Ipc

Sexual Harassment Is Often Defined As Any Of The Following Behaviors Committed By A Man:

Making Sexually Suggestive Comments,
Displaying Pornography Against A Woman's Will,
Demanding Or Requesting Sexual Favors, Or
Engaging In Physical Contact And Advances Involving Unwanted And
Explicit Sexual Overtures.
Any Man Who Violates One Of The Provisions Faces A Sentence Of Harsh Imprisonment, Up To A Maximum Of Three Years, Or Both.
The Punishment For Any Man Who Commits The Offense Is Either A Fine Or Both, Or Else Imprisonment Of Any Kind For A Maximum Of One Year.

Why In The News?

In The Case Of Susmita Pandit V State Of West Bengal And Anr, The Petitioner, Susmita Pandit, And Three Other Accused Were Named In A Case After A Complaint Was Posted On September 15 In The Year 2018.
Referred To As Opposite Party No. 2, The Complainant Claimed That Susmita And Samir Pandit Attempted To Torture The Complainant's Mother.
Additionally, It Was Claimed That Samir Pandit Tried To Harass The Complainant When He Went Into Her Room While She Was Getting Dressed. Susmita Was Also Charged By The Plaintiff With Encouraging And Tormenting Her Mother With Her Father And Other Accused Parties.
In An Attempt To Stop The Proceedings, Susmita Filed A Criminal Revision Application Pursuant To section 482 Read With Section 401 Of The criminal Procedure Code, 1973.
She Said That The Charge Sheet Brought Against Her Under Sections 354a/506/34 Ipc Was Unfounded And That There Was Not Enough Evidence To Convict Her.
Furthermore, She Argued That A Female Accused Person Is Not Covered By Section 354a Ipc, Which Starts With The Term "A Man."

Decision Of The Court

After Reviewing The Arguments And Supporting Documentation, Justice Ajay Kumar Gupta Determined That Section 354a Ipc Is Gender-Specific And That Only Men May Be Charged Under It. The Court Observed That The Phrase Starts With "A Man," Indicating That A Woman Is Not Eligible To Be Charged Under Section 354a Ipc.
The Complainant's Allegations Did Not Assign Susmita Any Particular Function, According To The Court's Findings. The Accusations Made Against Her Were Not Supported By The Information Gathered During The Investigation, And It Seemed More Like A Personal Grudge Than A Legitimate Complaint Was The Driving Force Behind The Charges.
As A Result, The Court Dismissed The Case Against Susmita, Recognizing That The Accusations Were Made To Unfairly Accuse Her. The Court Made It Clear That Abusing Legal Provisions In This Way Compromises The Fairness Of The Legal System.

The Ruling Of The Court Emphasizes The Legal Framework's Position On The Rights Of Women According To Section 354a Ipc In Connection With Situations Of Sexual Harassment. While The Provision Safeguards Women From Sexual Harassment By Men, It Is Not Intended To Prevent Women From Comparably Conducting Themselves. This Throws Up Deeper Concerns With Regard To The Ability Of The Criminal Justice System To Handle Female Sexual Assault And The Need For Comprehensive Laws That Extend To All Sexually Transmitted Diseases Irrespective Of Gender.

In View Of These Conclusions, The High Court Of Calcutta Dropped The Petitioner's Case According To The Provisions Of Sections 354a/506/34 Of The Indian Penal Code. The Ruling Of The Court Underscores The Significance That We Abide By The Exact Language Of Criminal Laws In Order To Avoid The Improper Use Of The System Of Justice.

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