Sexual harassment case won't prima facie stand if woman is wearing ‘provocative dress': Kerala court

While granting bail to writer and social activist Civic Chandran in a sexual harassment case, a district sessions court in Kerala's Kozhikode observed that the offence under Section 354 (A) (sexual harassment) of the Indian Penal Code is not prima facie attracted when the woman is wearing ‘sexually provocative dresses’.

74-year-old Chandran was granted anticipatory bail on August 12 after he had produced photographs of the complainant, in this case, a woman, along with the bail plea.

"The photographs produced along with the bail application by the accused would reveal that the defacto complainant herself is exposing to dresses which are having some sexual provocative one. So Section 354A will not prima facie stand against the accused", the order read as reported by Live Law.in

The court observed that from the wordings of Section 354, it is very clear that there must be an intention on the part of the accused for outraging the modesty of a woman.

“In order to attract this Section, there must be physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favours. There must be sexually coloured remarks,” the court observed.

Chandran, on August 2, had obtained anticipatory bail in another sexual harassment case filed against him.

The prosecution argued that Chandran made sexual advances toward the complainant, a young female writer, and tried to outrage her modesty at an event.

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The Koyilandi police registered a case against the accused for offences under Sections 354A(2), 341 and 354 of the Indian Penal Code, as per Live Law.in

Chandran, however, accused the woman of raising a false complaint against him.