The Gujarat High Court has noted that while requesting an unknown woman for her name, address, and mobile number may be deemed inappropriate, it does not, at first glance, amount to sexual harassment under Section 354A of the Indian Penal Code (IPC).

Justice Nirzar Desai made this observation in the case involving Samir Roy from Gandhinagar, who was charged under Section 354A IPC for allegedly questioning an unknown woman about her name, address, and mobile number.

Justice Desai stated, “Of course, this may be an inappropriate act, but this Court is prima facie of the view that, if Section 354 of the IPC is read, same is in respect to sexual harassment and punishment for sexual harassment. In the impugned FIR, the petitioner os booked for offence is registered under Section 354A of the IPC and, therefore, prima facie, even if the FIR is believed to be true, the act on the part of the petitioner to ask name, address etc., of an unknown lady can be said to  be an inappropriate act, but the same would not amount to sexual harassment as per the prima facie observation of this court, looking to the facts narrated in the FIR.”

On April 26, the woman filed an FIR accusing Roy of sexual harassment for asking her personal details. Roy countered that the FIR was retaliatory, following his complaint on April 25 via the PMO portal, alleging police misconduct. He later found out on May 9 that the Superintendent of Police had declined to address his complaint, citing the pending April 26 FIR.

The court questioned the police's action in booking Roy for sexual harassment, remarking,

“Suppose if someone says that 'what is your number', that may be offending, but that may not be a good case, its not something that may prompt you to register an FIR. Does it show any ill intention?”

The Court has issued notice to the respondents, returnable on August 9th.

Case Title: Samir Roy Versus State Of Gujarat & Ors.