A Delhi court has acquitted seven women booked by the police for allegedly dancing in an obscene manner at a bar last year. The court said that neither wearing revealing clothes nor dancing is a crime.
The court emphasised that such acts cannot be punished unless they cause annoyance to others, as reported by the news agency ANI.
Additional Chief Judicial Magistrate Neetu Sharma of Tis Hazari Court, in an order dated February 4, observed, “Neither wearing small clothes is a crime nor dancing to songs can be punished, irrespective of whether such dance is done in public. It is only when the dance becomes annoying to others…the dancer can be punished.”
According to the prosecution, on March 3, 2024, at around 12.30 am, the women were allegedly dancing in an “obscene” manner at a bar near Imperial Cinema on Rajguru Road. A sub-inspector, Dharmender, who was patrolling the area, filed a complaint, following which the women were booked under Section 294 of the Indian Penal Code (IPC).
This section penalises obscene acts in public places and carries a maximum jail term of three months.
The court criticised the police for failing to involve any public witnesses in the case despite the bar being located in a busy area with shops and residences.
It noted that although the police claimed to have asked bystanders to join the proceedings, no details were recorded about them. The judge stated, “Nothing was prohibiting the police from asking persons of shops/houses. At least they could not have left without giving names and addresses.”
Further, the court pointed out that the police officer never mentioned that the dance was causing annoyance to others, which is a key requirement under Section 294 IPC. The judge remarked that the prosecution was also required to prove that an official order had been issued restricting such activities and that the accused had knowingly violated it. Since no such evidence was presented, the case against the women did not hold.
The court ruled that there were no legal grounds for convicting the accused and acquitted all seven women.
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