Lawyers Must Be Sensitized To Not File Frivolous Cases Alleging Sexual Harassment, Outraging Modesty Of Women: Delhi High Court

The Delhi High Court has recently called for sensitization of lawyers to ensure that the process of law is not abused by filing frivolous cases for the offences alleging sexual harassment and outraging modesty of women.

Justice Subramonium Prasad said that time has come to initiate action against individuals who file frivolous complaints under Sections 354 (outraging modesty of women), 354A (sexual harassment), 354B (assault or use of criminal force to woman with intent to disrobe), 354C (voyeurism) and 354D (stalking) of the Indian Penal Code, 1860, etc. only for ulterior purpose.

“It is also unfortunate to see that lawyers are advising and instigating parties to file such frivolous cases. Time has come to sensitize lawyers as well so as to ensure that the process of law is not abused,” the court said.

Justice Prasad made the observations while quashing two cross FIRs registered by landlords and tenants alleging commission of offence of outraging modesty of women.

The tenant alleged that her landlord outraged her modesty. In another FIR, the landlord alleged that the tenant had outraged her modesty. The quashing was sought on the basis of settlement entered into between the parties.

“Unfortunately, it is now becoming a trend to register FIRs alleging offences under Sections 354, 354A, 354B, 354C, 354D IPC either to force a party to withdraw a complaint instituted against them or to arm twist a party. Offences under Sections 354, 354A, 354B, 354C, 354D IPC are serious offences,” the court said.

It added that such allegations have the effect of tarnishing the image of the person against whom they are made. Such allegations cannot be made at a drop of a hat, the court observed.

“This practice is an abuse of the process of law. The instant case is a classic example as to how frivolous allegations under Section 354 and 354A have been levelled by the parties against each other. A land-lord tenant dispute has been given a colour of outraging modesty of women and even children have not been spared and have been brought in as victims,” it said.

Justice Prasad also took judicial notice of the fact that the police force is very limited and have to spend time in investigating frivolous cases.

“They have to attend court proceedings, prepare Status Report etc. The result is that investigation in serious offences gets compromised and accused escape because of shoddy investigation,” the court said.

While quashing the two FIRs, the court imposed costs of Rs. 10,000 each on the petitioners to be deposited with Armed Forces Battle Casualties Welfare Fund.

Title: MS RAJESH WADHWA AND ORS. v. THE STATE NCT OF DELHI AND ANR. and other connected matter

Citation: 2024 LiveLaw (Del) 1051

Click here to read order