Case Law Analysis
|Bombay High Court
BNS Section 75(2) | Non-Physical Sexual Harassment via WhatsApp Does Not Justify Automatic Arrest : Bombay HC Nagpur Bench Grants Anticipatory Bail
Bombay High Court Nagpur Bench rules that allegations of sexual harassment through WhatsApp messages, without physical contact, do not warrant automatic arrest under BNS 75(2). Anticipatory bail granted where the accused cooperated with investigation, charge-sheet was filed, and no further evidence was required. This sets a precedent for proportionality in arrest discretion for non-physical offences under the new criminal code.