Introduction:

In a recent judgment, the Nagpur Bench of the Bombay High Court acquitted Mohammed Ejaj Shaikh Ismail, holding that following and abusing a woman while pushing her with a bicycle, though annoying, does not constitute an offence under Section 354 of the Indian Penal Code (IPC). The court emphasized the need for actions to shock the sense of decency of a woman to attract charges under this section.

Arguments of Both Sides:

The complainant alleged that Ismail followed her on a bicycle, abused, and pushed her, leading to his conviction under IPC Section 354. Ismail, through a criminal revision application, contested the conviction, asserting that the acts, while perhaps annoying, did not outrage the modesty of the woman as required by Section 354.

Court’s Judgement:

Justice Anil L. Pansare, citing the Supreme Court’s precedent, outlined the essential ingredients of Section 354 IPC, emphasizing the need for actions to outrage a woman’s modesty. The court noted that the complainant failed to specify inappropriate touching or assault on a particular body part, crucial for establishing an offence under Section 354. While acknowledging the acts as annoying, the court concluded that they did not shock the sense of decency, leading to Ismail’s acquittal.

Justice Pansare also highlighted the lower courts’ errors, noting the Sessions Court’s improper suspension of Ismail’s sentence, beyond its powers. With the acquittal, the application for sentence suspension became irrelevant.