`
News

Obscene acts in private place not an offence under Indian Penal Code: Bombay HC

439404-bombay-high-court
Bombay High Court

Quashing a case against 13 men who were arrested for allegedly indulging in obscene acts with women in a flat, the Bombay High Court has said any such action done in a private place is not a criminal offence under the Indian Penal Code.

A division bench of Justices N H Patil and A M Badar was hearing a petition recently filed by the men seeking quashing of the FIR registered against them by Andheri Police in December last year under IPC section 294 (anyone indulging in an obscene act in any public place or sings or utters any obscene songs or words in any public place causing annoyance to others).

According to police, on December 12, 2015, they received a complaint from a journalist about loud music emanating from a flat in the neighbourhood and that scantily dressed women were seen from the window dancing and men showering money at them.

On perusal of the complaint, the police raided the flat and found six scantily dressed women who were dancing and 13 men consuming liquor in the flat. All the men were taken into custody and an FIR was registered against them. Petitioners’ advocate Rajendra Shirodkar argued that the flat in question cannot be said to be a public place where anyone had access.

The court accepted this argument and said, “Obscene act done in a private place or viewed in privacy is not covered by the provisions of section 294 of IPC. The flat in building owned by some private person meant for private use of such owner cannot be said to be a public place.”

“Section 294 of IPC is meant for punishing persons indulging in obscene act in any public place causing annoyance to others. As such, the places where such obscene act is committed needs to be a public place and meant for use of public at large. “Public must have free access to such place so as to call it a public place. The place where public have no right rather a lawful right to enter into, cannot be said to be a public place for invoking the penal provisions of section 294 of IPC,” the court said.

Legal Desire

Legal Desire

The One Stop Destination for Law providing Latest News, Notifications, Career Updates, Study Materials, Courses on Law & More.
Legal Desire
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *


The One Stop Destination for Law

A Venture of India of Dreams Foundation

Contact us

Have Something to Share:
Submit Content, Press Releases to info@legaldesire.com
For Media Partner/Adverts Proposals, write to anuj@legaldesire.com

Subscribe to Legal Desire

Copyright © 2016 Legal Desire Media & Publications

To Top

Obscene acts in private place not an off…

by Legal Desire time to read: 1 min
0

Get your Daily Dose of Legal Pulse

Subscribe to Legal Desire Daily Email Newsletter

Get Daily Latest Legal News & Notifications about happenings delivered to you via Email in Morning.

Get your Daily Dose of Legal Pulse

Subscribe to Legal Desire Daily Email Newsletter

Get Daily Latest Legal News & Notifications about happenings delivered to you via Email in Morning.

Read previous post:
cop
National Conference on Effects & Implications of Recent ADR / Commercial Courts Laws

ASSOCHAM International Council of Alternate Dispute Resolution is going to organize the National Conference on Effects & Implications of Recent...

Close