Man Accidentally Exposing Himself While Urinating In Open Not 'Sexual Harassment': Karnataka High Court

The Karnataka High Court has granted relief to a man booked under Section 75(2) of the Bharatiya Nyaya Sanhita (BNS), holding that accidentally coming in front of a woman while answering nature's call, without any sexual intent, would not by itself constitute the offence.

The bench of Justice M Nagaprasanna observed:

"The petitioner, admittedly, even according to the complaint, was answering nature's call. Answering nature's call was after searching for a public toilet all over and not finding it. The complainant walks into the place where the petitioner was answering the nature call, a gesture that the complainant narrates is only shock that the petitioner saw the complainant, as is narrated in the statement itself. In the considered view of this court, answering a nature call and coming in front of the complainant, at that point in time, would not become an ingredient of outraging the modesty of a woman, as obtaining a 75(2) of BNS". 

During the hearing, the counsel for the petitioner submitted that the petitioner had gotten off a bus and was looking for a public restroom. Since he was unable to find a restroom, he proceeded towards a railway track to urinate. While urinating, the complainant happened to walk in the area. The petitioner noticed her, following which she saw his private parts and lodged the complaint. 

The counsel for the petitioner contended that the allegations did not satisfy the ingredients of the said offence. However, the counsel for the complainant had informed the court that the petitioners had made some gestures at her. 

However, the High Court, after examining the contents of the complaint, noted that the said gestures were out of shock when the petitioner saw the complainant and that the petitioner's conduct lacked the sexual intent, which is an essential ingredient of the said offence. 

Thus, the bench held, "Permitting further proceedings in the case at hand on the aforesaid scopre would on the face of it become an abuse of the process of law and result in miscarriage of justice". 

Case Title: AR v State of Karnataka, CRL.P 6103/2026

For Petitioner: Advocate Abhilash HS