Obscene acts done or viewed in private place not offence under Indian law: Bombay HC

March, 20,2016:

Obscene act done in a private place or viewed in privacy is not covered by the provisions of Section 294 of IPC

The Bombay high court has said that obscene act done in a private place is not a criminal offence under the Indian Penal Code, quashing a case against 13 men who were arrested for allegedly indulging in obscene acts with women in a flat.

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. HT

Section 294 IPC. Obscene acts and songs-

¹[294. Obscene acts and songs.—Whoever, to the annoyance of others—

(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]

CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 3 months, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable. —————————

1. Subs. by Act 3 of 1895, sec. 3, for the original section.