The Bombay High Court observed that no person can be prosecuted for merely watching women dancing at a bar in an obscene manner. A two-judge bench of the Bombay High Court quashed a case against a man who was arrested by the Mumbai for allegedly watching women dance at a bar.
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MUMBAI: The Bombay High Court made a significant observation, asserting that no individual can be prosecuted solely for being present and watching women dance in an obscene manner at a bar. The court emphasized that passive presence alone does not amount to an offense.
This judgment came in response to a petition filed by a man whose First Information Report (FIR) and subsequent proceedings were quashed by the court. The court ruled that the petitioner had not engaged in any explicit actions that could qualify as “encouraging” the obscene acts, stating,
“The Petitioner is not found to have been doing any explicit act that can demonstrate an external manifestation of the term ‘encouraging’.”
The case dates back to February 2016, when, based on a tip-off, the Mumbai Police conducted a raid at the Sea Princess Bar and Restaurant. During the raid, the police seized objectionable items and witnessed women, posing as waitresses, engaging in what was described as obscene dancing. According to the police, patrons were seen throwing Indian currency notes at the dancers.
As per the police report, male stewards and waiters at the scene were collecting the money, and the customers appeared to be encouraging the women to perform more obscene gestures.
The petitioner, a 37-year-old man, was among the customers present during the raid, simply watching the dance performances. As a result, he was charged under various sections of the Indian Penal Code (IPC), including Section 294 (obscene acts and songs) and Section 114 (abetter present when offense is committed), along with provisions from the Maharashtra Police Act.
A two-judge bench, consisting of Justices A.S. Gadkari and Neela Gokhale, examined the details surrounding Sections 294 and 114 of the IPC. They pointed out that for these sections to be applicable, the accused must have been actively involved in performing or inciting obscene acts in a public place.
The court explicitly noted,
“There is no material on record to indicate that, the petitioner was either doing any obscene act or singing or uttering any obscene song. There is only a generic statement pertaining to the customers found in the Bar and Restaurant that they were enjoying the show and ‘encouraging’ the women artistes.”
Furthermore, the bench highlighted that the petitioner had not been found throwing currency notes at the dancers, a key element in supporting allegations of active encouragement.
“He was not found to be throwing notes of Indian currency at the dancing women,”
-the court added.
Additionally, there was no evidence to suggest that the petitioner had acted as an abettor to the offense, as the court clarified,
“There is also no material to suggest that, the petitioner was an abettor present when the offense was committed.”
The bench referenced a previous ruling from the Bombay High Court, where it was held that individuals cannot be prosecuted merely for being present at a bar or restaurant during the commission of such acts, provided no specific overt actions are attributed to them.
The court stated,
“Persons cannot be prosecuted for merely being present in the Bar and Restaurant at the relevant time when no specific overt act is attributed to them.”
This precedent was considered applicable to the present case, further reinforcing the decision to quash the proceedings against the petitioner.
In conclusion, the Bombay High Court’s ruling reaffirms the principle that mere presence at a scene where questionable acts occur does not automatically implicate individuals in the offense unless active participation or encouragement is demonstrably proven.
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