Kochi: A woman can’t be charged with sexual harassment under Section 354A of Bharatiya Nyaya Sanhita (BNS), even if the harassment is alleged to have been directed at another woman.
The observation was made by Justice A Badharudeen of Kerala High Court while partially dismissing criminal proceedings initiated by a woman against her in-laws in a case of marital cruelty, Bar and Bench reported.
Among her allegations, the complainant had claimed she was sexually harassed by her sister-in-law.
The high court, however, said that Section 354A of IPC (now BNS), which deals with sexual harassment, applies to actions by men only.
“In order to attract offence under Section 354A of IPC, the overt acts dealt under Section 354A(1), (2) and (3), should be the volition of ‘a man.’ So the legislature diligently used the term ‘a man’ instead of ‘any person’.
“The statutory provision and legislative intent is to exclude woman/women from the purview of Section 354A of IPC. If so, it has to be held that Section 354A of IPC would not apply when the overt acts dealt therein was done by a woman against another woman/ women,” the report quoted the high court as saying.
The high court was hearing a plea to dismiss the case of marital cruelty that had been filed against the complainant’s mother-in-law and sister-in-law, among others.
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