Placing Hand On Woman's Body While She Is Sleeping Prima Facie An Offence U/S 354A IPC: Andhra Pradesh High Court

1. physical contact and advances involving unwelcome and explicit sexual overtures; or
2. a demand or request for sexual favours; or
3. showing pornography against the will of a woman; or
4. making sexually coloured remarks, shall be guilty of the offence of sexual harassment

The petitioner who was one of the accused in the crime filed the Criminal Petition under Section 482 of the Code of Criminal Procedure to quash FIR. He is the brother of the husband of the de facto complainant. The de facto complainant lodged a report with the police stating that her husband, his relatives and family members have subjected her to physical and mental cruelty making illegal demands. She also stated that the petitioner misbehaved with her.

The said report was registered as case for the offences punishable under Indian Penal Code as Section 498A (punishment for husband or relative of husband of a woman subjecting her to cruelty), 354A (Sexual harassment and punishment for sexual harassment) and 506 (punishment for criminal intimidation) and Sections 3 and 4 of the Dowry Prohibition Act.

The complainant in her Section 161 Cr.P.C. statement has stated that when all her family members along with her husband and his brother had gone to Araku, and when she was sleeping during night time, the Petitioner herein placed his hand on her and at that time she woke up.

The Court observed that as seen from the contents of the FIR, and Section 161 CrPC statement by complainant to police, the alleged act by the petitioner of placing hand on complainant's body fulfills the ingredients contemplated under Section 354A of IPC. Therefore, there clearly exists a prima facie offence punishable under Section 354A of IPC.

"A reading of Section 354A of I.P.C. makes it clear that when a man commits an act of physical contact and advances involving unwelcome and explicit sexual overtures shall be guilty of the offence of sexual harassment."

The Court held that there are no valid or legal grounds emanating from record to warrant interference of the Court under Section 482 of CrPC and therefore, the Criminal petition was dismissed.

Cause Title: Guduridheeraj Kumar Versus The State Of Andhra Pradesh

Citation: 2022 LiveLaw (AP) 10

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