The Bombay High Court recently ruled that waiters at bars and restaurants cannot be charged with obscenity under Section 294 of the Indian Penal Code.

The decision came from a division bench consisting of Justice AS Gadkari and Justice Neela Gokhale while hearing a petition filed by a waiter seeking to quash the charges against him.

The prosecution had alleged that illegal activities, including women making obscene gestures, were taking place at New Park Side Bar and Restaurant. During a police raid, it was found that women, referred to as bar girls, were dancing and engaging in provocative behavior with customers while an orchestra played. As a result, the police booked the bar's owner, manager, nine waiters, and eleven customers under Section 294 of the IPC.

The petitioner argued that merely being present while others engaged in obscene acts did not make him culpable under Sections 294 and 114 of the IPC. He emphasized that there was no accusation of him participating in any obscene acts.

The prosecution, however, pointed to the FIR and chargesheet, which listed the petitioner as one of the individuals serving customers and allegedly facilitating the entertainment.

In its order, the bench clarified that for the offense under Section 294 to apply, the accused must actively participate in obscene acts or performances in a public place. The court noted that the petitioner was simply serving as a waiter and there was no allegation of his involvement in or encouragement of obscene behavior.