‘Obscene acts in a private place is not a criminal offence’, says Bombay High Court

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Saturday, March 19, 2016

Bombay High Court has ruled that obscene acts done in a private place is not a criminal offence under IPC.

A Division Bench comprising Justices N.H.Patil and A.M.Badar hearing a petition filed by 13 men seeking quashing of an FIR by Mumbai Police in last December under Sec.294 of IPC gave the orders.

Police sources said that on December 12, 2015 have raided a flat based on a complaint by a journalist about loud music from a flat in the neighborhood and seen through a window that scantily dressed women dancing with 13 men consuming liquor and showering currency at them. All of them were taken into custody and the police slapped Sec. 294 of IPC against them.

The Bench agreeing with the contentions of the counsel of the petitioners said that ‘Obscene act done in a private place or viewed in privacy is not covered by the provisions of section 294 of IPC. The flat in building owned by some private person meant for private use of such owner cannot be said to be a public place.’

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