Kerala High Court holds general abuse of a woman is not an offence under Section 354A(1)(iv) IPC without a sexually coloured remark

9 October 2026

Justice Jobin Sebastian decided Prasad Mahendragiri v. State of Kerala and Another, Crl.MC No. 1240 of 2026, with neutral citation 2026:KER:71105.
The sole accused had moved the High Court under Section 528 of the BNSS to quash a case registered at Kalpetta under Sections 354A(1)(iv), 294(b), 506(ii) and 509 of the IPC.
The Court held that mere obscene words or general abuse directed at a woman do not by themselves make out the offence of sexual harassment under Section 354A(1)(iv), which needs a specific allegation of a sexually coloured remark.
It quashed the proceedings under Section 354A(1)(iv).
On Section 294(b), the Court said whether the words were obscene and whether they could create impure thoughts in the audience can be decided only after trial.
On Section 509, it held that intention to insult the modesty of a woman is an essential ingredient and is a matter of evidence.
On Section 506(ii), the allegation that the accused threatened to kill while showing a machete prima facie made out the ingredients, so that charge survives.
The petition was allowed in part, and the remaining charges will be tried before the Chief Judicial Magistrate Court.