The Punjab and Haryana High Court has set aside an FIR filed against a company director for alleged sexual harassment, ruling that a solitary abusive remark—absent any element of sexual intent—does not fulfil the statutory requirements of the offence.

The proceedings stemmed from a complaint by a business manager, who alleged that the director had harassed and humiliated her by using the phrase “f*** off” during communication, while also misusing his position of authority. Based on these allegations, offences relating to sexual harassment under the Indian Penal Code were invoked.

Upon examination, the Court found that the complaint did not disclose any unwelcome physical contact, sexual advances, or demand for sexual favours, which are essential ingredients under Section 354A IPC.

The Court clarified that while the language used may be inappropriate or offensive, it cannot be automatically categorised as a “sexually coloured remark” unless it is demonstrably connected to sexual intent or context.

It further cautioned against expanding the scope of criminal law to include all forms of workplace misconduct or verbal abuse, particularly where the legal thresholds for sexual harassment are not met. Allowing such proceedings to continue, the Court observed, would amount to a misuse of the criminal justice process.

In light of these findings, the High Court quashed the FIR along with all consequential proceedings against the director.