Bombay High Court rules shoulder grabbing lacks sexual harassment intent

The Kolhapur bench of the Bombay High Court has ruled that grabbing and pressing a woman official's shoulder during an altercation does not, by itself, constitute sexual harassment under Section 354-A of the Indian Penal Code (IPC) if the act lacks explicit sexual intent or overtures.

The case stems from a February 2024 incident at a Gram Panchayat office, where an agriculturist allegedly entered the office, argued with a female official, snatched and tore documents, and then grabbed her shoulder and shoved her. While the initial FIR included charges of sexual harassment, the court found that the allegations did not prima facie meet the legal requirements for that specific offense, as there was an absence of unwelcome sexual advances or demands for sexual favors.

However, the court did not quash the entire FIR. The bench noted that the accused could still face charges for using criminal force against a public servant to obstruct her duties and for outraging her modesty, as the physical contact caused the official to feel ashamed and uncomfortable.