Now Calling Darling can mark as a sexsual harassment under section 35A of Indian Penal Code says Calcutta High Court. The Calcutta High Court has affirmed that addressing an unknown woman as "darling" can be considered sexual harassment under Section 35A of the Indian Penal Code. The ruling came from a case in which Janak Ram, in an inebriated state, asked a lady police officer, "Kya darling, challan karne aayi hai kya?" (Hey darling, have you come to impose a fine?).
Justice Jay Sengupta, in a single-judge decision at the Port Blair bench, upheld the conviction, citing Section 354A of the IPC, which penalizes sexually colored remarks and outraging the modesty of a woman. The court emphasized that addressing an unknown woman with the term "darling" is patently offensive and constitutes a sexually colored remark.
The incident occurred when a police team, responding to reports of nuisance, apprehended Ram. Under a streetlight, he posed the offensive question to the female constable, leading to charges under Sections 354A(1)(iv) and 509 of the IPC.
The Judicial Magistrate convicted Ram, sentencing him to three months of imprisonment and a ₹500 fine for each offense. The High Court, while upholding the conviction, modified the sentence to one month, considering that the offender did not aggravate the offense beyond the uttered expression.
The court acknowledged the lack of independent witnesses but found the evidence provided by police personnel sufficient. Advocates Deep Chaim Kabir and S Ajith Prasad represented the appellant, while Advocate AS Zinu represented the State.