Granting anticipatory bail to social activist Civic Chandran in a sexual harassment case, a district sessions court in Kozhikode observed that the offence under Section 354 (A) (sexual harassment) of the Indian Penal Code would prima facie not be attracted when the survivor woman was wearing “sexually provocative dresses.”
“The photographs produced along with the bail application by the accused would reveal that the defacto complainant herself is exposing to dresses which are having some sexual provocative one. So Section 354A will not prima facie stand against the accused”, read the bail order.
The 74-year-old accused, who had furnished photographs of the complainant along with the bail plea, was granted anticipatory bail on 12 August. Earlier, on 2 August, he had obtained anticipatory bail in another sexual harassment case filed against him.
While granting bail to Chandran, the court also expressed disbelief that the 74-year-old physically disabled accused could forcefully put the defacto complainant in his lap and press her breasts, according to Live Law.
The court also observed that from the wordings of Section 354, it is very clear that there must be an intention on the part of the accused for outraging the modesty of a woman.
“In order to attract this Section, there must be a physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favours. There must be a sexually coloured remarks,” the court observed.
The prosecution alleged that Chandran made sexual advances toward the de facto complainant who is a young female writer and tried to outrage her modesty in a camp convened at Nandi beach in Kozhikode district in February 2020. The Koyilandi police have registered a case against the accused for offences under Sections 354A(2), 341, and 354 of the Indian Penal Code.
The Public Prosecutor opposed the granting of the bail to the accused, contending that a similar sexual harassment case had been previously filed against the accused.
 (sexual harassment) of the Indian Penal Code would prima facie not be attracted when the survivor woman was wearing "sexually provocative dresses."){kind=link}