Wearing small clothes not a crime unless it causes public annoyance: Delhi court

With no substantial evidence, the court acquitted all accused, underlining that personal choices of attire and dance do not constitute a legal offence unless they disrupt public order

Wearing small clothes and dancing in a bar is not a crime unless it causes public annoyance, a Delhi court has ruled while acquitting seven women accused of obscenity.

The case is related to an incident in March last year at a bar in Delhi’s Paharganj. (Representative file photo)

The judgment, delivered on February 4 by additional chief judicial magistrate Neetu Sharma of Tis Hazari Court, also cleared the manager of the bar of charges related to operating without a license and failing to maintain proper CCTV surveillance.

The case is related to an incident in March last year at a bar in Delhi’s Paharganj.

According to the prosecution, seven women were allegedly dancing in an obscene manner, disturbing the public, leading to a case under Section 294 of the Indian Penal Code (obscene acts and songs in public places).

Exonerating the women, the court ruled that neither wearing revealing clothes nor dancing to songs constitutes a crime.

“Now, 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 that the dancer can be punished,” it held.

It further emphasised that an offence is only established if the performance causes annoyance to the public.

During the trial, two prosecution witnesses admitted that they had visited the bar for entertainment and were unaware of any alleged obscenity. The court noted that in the absence of public complaints, it appeared that the police had fabricated the case to target the accused women and the bar manager.

The court also pointed out that the complainant, sub-inspector Dharmendra of Delhi Police, failed to provide a duty roster or a Daily Diary (DD) entry to prove he was patrolling the area at the time of the incident.

Regarding allegations against the bar manager, the court held that the prosecution failed to produce any evidence showing violations of police or government guidelines in the bar’s operation.

With no substantial evidence, the court acquitted all accused, underlining that personal choices of attire and dance do not constitute a legal offence unless they disrupt public order.