Customer In A Bar Encouraging Women To Dance In Obscene Manner Cannot Be Booked U/S 294 IPC: Bombay High Court

The Bombay High Court on Tuesday (September 10) while quashing a First Information Report (FIR) lodged against a man under Section 294 IPC (Obscene acts and songs) noted that he was only shown to be 'encouraging' the women in the bar to dance in an 'obscene' manner.

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale held that the mere 'encouraging' of women in the dance bar to dance in an obscene manner, will not attract provisions of section 294 of the Indian Penal Code (IPC).

The bench said that in order to attract the ingredients of the offence punishable under section 294, it is necessary that, the accused person indulges in doing any obscene act in a public place or singing, reciting or uttering any obscene song in or near a public place.

"There is no material on record to indicate that, the Petitioner who is either doing any obscene act or singing or uttering any obscene song. There is only a generic statement pertaining to the customers found in the Bar and Restaurant that they were enjoying the show and 'encouraging' the women artistes. The Petitioner is not found to have been doing any explicit act that can demonstrate an external manifestation of the term 'encouraging'. He was not found to be throwing notes of Indian currency on the dancing women," the bench observed in the order.

With these observations, the bench quashed the FIR lodged against the petitioner - Mitesh Punmiya a resident of Kandivali on February 19, 2016.

According to the prosecution case, a raiding party of the Social Work Department of the Mumbai Police, raided the Sea Princess Bar and Restaurant on February 18, 2016, on secret information and found certain objectionable activities taking place in the said Restaurant.

The raiding party saw women masquerading as waitresses dancing in an obscene manner and customers throwing Indian currency notes towards the women. The men stewards and waiters were collecting the money.

It was also found that the customers were encouraging the dancing women to make obscene gestures while dancing. The Applicant herein was found to be one of the customers watching the obscene dance and acts of the women. 

In September 2023, a coordinate bench of the HC had stayed the proceedings against the petitioner Punmiya, pending before the trial court.

The petitioner argued that his mere presence in the bar was not sufficient to book him for obscenity as he was not caught throwing notes or making obscene gestures. The prosecution, however, contended that the petitioner was 'encouraging' the obscene acts of the women dancers.

The judges, however, relied upon a few decisions of the High Court including the one delivered in Nirav Raval vs State of Maharashtra, wherein it was held that merely being present in a bar as a customer where women are dancing in an obscene manner, will not attract charges of obscenity.

The bench, therefore, quashed the FIR.

Appearance:

Advocates Rutuj Warick, Shubhankar Avhad and Anuj Tiwari appeared for the Petitioner.

Additional Public Prosecutor Vinod Chate represented the State.

Case Title: Mitesh Punmiya vs State of Maharashtra (Criminal Writ Petition 2376 of 2023)

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