General Abuse Without Sexual Remarks Does Not Trigger Harassment Charge

The Kerala High Court has held that abuse directed at a woman does not attract the offence of making sexually coloured remarks unless the words carry a sexual character.

In Prasad Mahendragiri v State of Kerala, decided on 16 September 2026, the Court quashed the charge under Section 354A(1)(iv) of the Indian Penal Code because the alleged language, though offensive, was not sexually coloured.

The Court did not terminate the prosecution. Counts alleging obscene words, criminal intimidation and insult to a woman’s modesty were allowed to continue, as their ingredients and the accused’s intent require assessment at trial. The ruling narrows one statutory offence without treating general verbal abuse as legally inconsequential.