Women Cannot Be Charged with Sexual Harassment Under Section 354A IPC: HC

The Kerala High Court has recently ruled that a woman cannot be prosecuted under Section 354A of the Indian Penal Code (IPC) for the offence of sexual harassment, even if the alleged victim is another woman.

This decision was made following the partial quashing of criminal proceedings initiated by a woman against her in-laws in a marital cruelty case.

Justice A. Badharudeen noted that Section 354A of the IPC, which addresses sexual harassment, specifically refers to "a man," thereby excluding women from being prosecuted under this section.

The Court explained: "To attract the offence under Section 354A of IPC, the overt acts outlined in Section 354A(1), (2), and (3) must be those of 'a man.'

The legislature has deliberately used the term 'a man' rather than 'any person' in the statute, reflecting an intent to exclude women from the scope of Section 354A. Consequently, Section 354A does not apply when the acts are committed by a woman against another woman."

The case involved allegations of sexual harassment by the complainant's sister-in-law. However, the Court clarified that Section 354A of the IPC applies exclusively to acts committed by men.

The complainant had also alleged cruelty from her husband, his parents and his sister, including demands for money and property, wrongful confinement and attempts to tamper with the gas stove. The in-laws were accused of coercing her into improper sexual activities.

Criminal charges were filed against the husband and in-laws under Sections 498A (cruelty to a married woman), 354A (sexual harassment), and 34 (acts done by several persons in furtherance of common intention) of the IPC.

The mother-in-law and sister-in-law petitioned the High Court to dismiss the charges against them. Their counsel argued that there were no specific allegations against them to substantiate the marital cruelty charges and contended that women could not be held liable under Section 354A.

The Public Prosecutor countered that the complainant's allegations of domestic violence and molestation related to demands for money and property supported the charges.

The Court found sufficient grounds to proceed with the trial under Section 498A of the IPC but quashed the sexual harassment charges under Section 354A, ruling that this section could not be applied to women.

A similar ruling was recently issued by the Calcutta High Court, which also noted that "a female cannot be an accused under Section 354A of the IPC," as evident from the wording of the legislation.

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