Case Note & Summary
The petitioner, Dr. Chethan Kumar S., a doctor by profession, was the duty doctor at Orbsky Hospital in JP Nagar, Bangalore. The complainant, a female patient, visited the hospital with chest pain. The doctor treated her and suggested ECG and X-ray, and asked her to share the reports on his WhatsApp. Mobile numbers were exchanged, and the reports were forwarded. Subsequently, the complainant alleged that the doctor sent her inappropriate messages on WhatsApp, leading to the registration of Crime No.110/2024 by Puttenahalli Police Station for an offence under Section 354A of the Indian Penal Code (IPC). The petitioner filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the FIR. The High Court examined the WhatsApp messages and found that they were related to medical treatment and did not contain any sexual overtures, demands, or comments. The Court held that the messages did not constitute 'sexual harassment' as defined under Section 354A IPC, which requires a demand or request for sexual favours, showing pornography, or making sexually coloured remarks. The Court noted that continuing the proceedings would be an abuse of process of law. Accordingly, the petition was allowed, and the FIR was quashed.
Headnote
A) Criminal Law - Sexual Harassment - Section 354A Indian Penal Code, 1860 - Quashing of FIR - The petitioner, a doctor, was accused of sexual harassment under Section 354A IPC based on WhatsApp messages sent to a patient. The Court examined the messages and found they were related to medical treatment and did not contain any sexual overtures or demands. Held that the messages did not constitute 'sexual harassment' as defined under Section 354A IPC, and the FIR was quashed to prevent abuse of process of law (Paras 4-8).
Issue of Consideration
Whether the WhatsApp messages exchanged between a doctor and a patient in the context of medical treatment constitute an offence under Section 354A IPC?
Final Decision
Petition allowed. FIR in Crime No.110/2024 registered by Puttenahalli Police Station for offence under Section 354A IPC is quashed.
Law Points
- Section 354A IPC
- sexual harassment
- quashing of FIR
- inherent powers under Section 482 CrPC
- WhatsApp messages
- medical treatment context
