Sexual Harassment -- Absence of Sexual Intent -- Accidental exposure of private part while answering nature's call, without sexual intent, does not amount to sexual harassment
(i) Bharatiya Nyaya Sanhita, 2023, S.75(2) -- Sexual Harassment -- Accidental Exposure Without Sexual Intent -- Exposure of the body and intentional exposure of the body to a woman for a sexual purpose are not the same. The offence requires conduct carrying a sexual overtone along with requisite mens rea. An accidental or unintended exposure, without sexual intent and not directed towards the woman, does not become an offence merely because it is witnessed by her. Absence of any act such as waiting for, beckoning, following, or making sexually coloured remarks towards the woman negates the inference of sexual intent. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 -- Criminal Proceedings -- Quashing on Absence of Ingredients -- Criminal proceedings can be quashed where the allegations, even if accepted in their entirety, do not disclose the ingredients of the offence alleged. Continuation of proceedings in such circumstances amounts to abuse of the process of law and results in miscarriage of justice.
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