Section 354A of IPC cannot be applied to prosecute women: Calcutta HC [Read Judgment]

West Bengal: The Calcutta High Court has delivered a significant order quashing criminal proceedings against a woman accused under Section 354A of the Indian Penal Code (IPC), which deals with sexual harassment.

In an order passed on July 26, 2024, Justice Ajay Kumar Gupta held that Section 354A of the IPC cannot be applied to prosecute women, as the provision specifically uses the term “a man” in describing the offender.

The court noted that the petitioner, Susmita Pandit, had been charged under Sections 354A, 506, and 34 of the IPC in connection with Netaji Nagar Police Station Case No. 312 of 2018. She had filed a criminal revision application seeking the quashing of the proceedings.

Expressing its view on the applicability of Section 354A to women accused, the court stated: “From a bare perusal of this Section, it would be evident that Section 354A IPC can only apply to a male accused. The section opens up with the term ‘a man’.”

Also Read: Offences Under Section 354D Ipc And Section 506 Ipc Are Personal To Parties: Rules Supreme Court

The court further observed that “Section 354A itself is very clear, starting with ‘a man’ in all sub-sections (1), (2), and (3). Accordingly, a woman cannot be said to have committed an offence under Section 354A of the IPC. Therefore, the learned counsel for the petitioner has rightly submitted that the present petitioner cannot be prosecuted for the alleged commission of an offence punishable under Section 354A of the IPC.”

Referring to previous judgments on the interpretation of penal statutes, including Supreme Court decisions, the court held that criminal laws must be strictly construed and cannot be extended beyond their fair and ordinary meaning.

The court also found that there were no specific allegations against the petitioner in the FIR or witness statements to justify charges under Sections 354A, 506, or 34 of the IPC.

In conclusion, the court quashed the proceedings against the petitioner, stating: “Accordingly, the proceedings in connection with Netaji Nagar Police Station Case No. 312 of 2018 dated 15th September 2018, under Sections 354A, 506, and 34 of the Indian Penal Code, 1860, corresponding to ACGR No. 4463/2018 against the present petitioner, are hereby quashed.”

[Read Judgment]