‘No sexual intent’: HC quashes harassment case over man’s public urination
The Karnataka high court quashed a criminal case filed under BNS Section 75(2). The court ruled accidental exposure while answering nature's call is not an offense. This ruling came after a man was seen urinating near a railway track. The complainant alleged the man made gestures, which the court deemed a shock reaction. Allowing the case to continue would have been a misuse of legal process.
The Karnataka High Court has dismissed a criminal case against a man accused of outraging a woman's modesty under Section 75(2) of the Bharatiya Nyaya Sanhita (BNS). The court ruled that the man's accidental public urination, without any sexual intent, did not constitute an offence.
The man had been searching for a public toilet and urinated on a railway track when he noticed the complainant walking towards him. The complainant then filed a complaint alleging that the man made sexual gestures towards her. However, the high court found that the man had not acted with any sexual intention, as he was merely answering nature's call after not finding a public toilet.
The court examined the evidence and noted that the complainant had walked into the area where the man was urinating, not the other way around. The court emphasized that the mere act of someone seeing another person while answering nature's call was not enough to prove an offence under Section 75(2) of the BNS.
Furthermore, the court considered the man's gestures towards the complainant as mere shock reactions and found no evidence of sexual motivation behind his conduct. The high court concluded that continuing the criminal proceedings would be a misuse of the legal process and could result in injustice. Therefore, the court quashed the proceedings against the man.
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