The Karnataka High Court has ruled that the act of looking at a woman in an inappropriate manner does not satisfy the legal requirements to constitute an offence of demanding sexual favours under the Bharatiya Nyaya Sanhita (BNS), 2023. The observation was made by Justice Suraj Govindaraj while presiding over a petition filed by a man seeking to quash criminal proceedings initiated against him.
The legal dispute originated from a complaint filed by a woman following a meeting at the petitioner's residence, which reportedly concerned a financial disagreement. In her initial complaint, the woman had alleged that the man demanded sexual favours in exchange for benefits and threatened her with physical harm if she did not repay the money. Based on these allegations, the police filed a chargesheet charging the man under Section 75(1)(ii) of the BNS, which pertains to the demand or request for sexual favours, and Section 351(2), regarding criminal intimidation.
However, during the subsequent police investigation, the complainant submitted a statement that significantly altered the case. According to court records, the woman withdrew the allegations regarding the demand for sexual favours and the threats of physical harm. Her revised account focused solely on the claim that the accused had looked at her in an inappropriate manner. Despite this retraction of the primary allegations, the criminal case against the petitioner had persisted until the High Court intervention.
Justice Suraj Govindaraj, while allowing the petition to quash the proceedings on November 2, noted that the essential elements of the offences were negated by the complainant's own subsequent statements. The court observed that even if the allegation of inappropriate staring were accepted as fact, it could not, by itself, be categorized as a demand or request for sexual favours under the specific provision of the law invoked by the authorities.
The court further emphasized that there was no additional material presented to substantiate the initial claims of intimidation or solicitation. Consequently, the bench concluded that continuing the criminal proceedings would serve no useful purpose, as the evidence gathered during the investigation failed to support the original charges filed in the police chargesheet.
Legal experts observe that this ruling clarifies the application of provisions under the BNS regarding sexual harassment. By distinguishing between subjective discomfort and the legal definition of soliciting sexual favours, the court has underlined the importance of specific evidence when prosecuting under Section 75(1)(ii). The decision highlights the necessity for investigative agencies to ensure that the core elements of a charged offence remain consistent throughout the progression of a case.
This case serves as a point of reference for the interpretation of the new legal framework in India. As the judiciary continues to examine cases under the BNS, such rulings provide clarity on the threshold of evidence required to uphold charges of harassment. With the criminal proceedings now quashed, the petitioner is effectively cleared of the charges that had been levelled against him following the initial dispute.
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