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Can someone be arrested in section 354A on the basis of a female stat


07-Aug-2025 (In Criminal Law)
Hi, Can someone be arrested just merely basis of false allegation of staring her chest without any evidence. What happens if man himself approached the police regarding the same and request the police to investigate as she is making false allegations.
Answers (5)

Answer #1
589 votes
Sir, 354A is a serious offence. It doesn't matter whether you approached the police first or not the burden will be on you to defend the allegations. It will be difficult to prove that allegations are false as it pertains to 'Stare'. It's advisable to contact me and provide more details to assist you better.
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Advocate Ishan Parashar

Adv. Ishan Parashar

LawRato Delhi | 200+ Answers
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Answer #2
601 votes
Nowadays, arrest is not that easy, though if FIR is filed, in cognizable offence the police must issue section 35 BNSS notice and you must accompany your advocate to police station to comply with the said notice.
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Advocate Arshnit Sandhu

Adv. Arshnit Sandhu

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Answer #3
682 votes
if you feel that this is a false allegation and you’ve done nothing wrong, then approaching the police yourself is a smart and important step. You can file a written complaint stating that a false allegation is being made against you and that you want the police to look into the matter. That can go a long way in protecting you if things escalate later.
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Answer #4
723 votes
In your case it's advisable to get a complaint drafted and address the same to the police station according to your jurisdiction and write down all the points. And you should be the one to file it first before the opposite party do any kind of complaint.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #5
760 votes
No, arrest cannot be made merely on staring at a women’s chest unless any lewd remarks or intention to cause any harassment or discomfort on the modesty of a women is made, considering the fact that no evidence is produced and the allegations may be false; arrest is very unlikely to be made under IPC 354A or 509. If any cause for arrest may arise, one should put an anticipatory bail application before the court to avoid any future issues.
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Advocate Dhananjay Mishra

Adv. Dhananjay Mishra

LawRatoGurgaon / Gurugram | 25+ Answers
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