Court Verdict Makes Section 377 Jurisdiction even Complicated!

Mon May 16 2022 13:08:36 GMT+0530 (IST)

The rape culture is spreading its wings in the country. As an unwanted thing even the minors of both genders are facing it. Though an act of protecting the minors was brought, which actions come under it and which doesn't has always been a big question. The question only got bigger with a recent ruling.

In an alleged sexual harrasment of a minor boy case, the Bombay High Court gave a sensational order and granted bail to the man, who is accused of assaulting a minor boy. After the arguments of both sides the court gave its verdict.

The case we are talking about involves a minor boy who accused a man of sexually harassing him by touching his private parts and kissing him on his lips forcefully. After he told his father of the same, the man was booked under the same charges and was sent to custody.

As the cops booked a case against the accused under Section 377 of the Indian Penal Code, Justice Anuja Prabhudessai of the Bombay High Court said that touching the private parts and kissing on lips are not unnatural offences under the section.

The verdict that came from the Bombay High Court made the issue even complicated as many cannot understand what is sexual harrasment. In general terms, trying to be close to someone without their consent is called sexual harrasment,but the court gave different interpretation on this.

Section 377 under which the case was filed deals with the sexual intercourse between same sex people as an "unnatural offence". If proven guilty they will have to face a court sentence of not less than 10 years.

During the arguments, the Bombay High Court said that, the FIR and prima facie say that the accused had touched the private parts of the victim. However, the charge is not applicable here as the action does not fall under Section 377.

Stressing the point that the accused had spent some time in jail already and there were no chances for the trial to get started soon, the accused was granted bail, who is facing charges of sexually assaulting a minor boy.