Kerala High Court quashes case against a Paediatrician holding that a doctor’s consultation room is not a public place.

The Kerala High Court quashed criminal proceedings against a Paediatrician which had been initiated under Sections 294(b) and 354 A of IPC.  It was alleged by the complainant that while treating the child of the complainant, the petitioner, a Paediatrician misbehaved with her by showing obscene action with his finger and uttering obscene words against her.

The Counsel for the petitioner submitted that even if the entire allegations in the First Information Statement together with the materials collected during investigation were believed in their entirety, no offence under Section 294(b) and 354 A of IPC were attracted. The case of the complainant was that, the petitioner attended the child of the complainant at his consulting room and during examination, when the child passed urine, the petitioner got angry and showered abusive words against her which according to her outraged her modesty.

The Court held that:

“In order to attract Section 294(b) of IPC, the following two ingredients are to be satisfied. (i) The offender has sung, recited or uttered any obscene song or word in or near any public place and (ii) has so caused annoyance to others. If the act is not obscene, or is not done in any public place, or the song recited or uttered is not in or near any public place or that it caused no annoyance to others, no offence is committed. Admittedly, the place of occurrence is the consulting room of the petitioner at the T.M. Hospital, Chavakkad. It can never be termed as a public place or near a public place. That apart, in order to satisfy the definition of obscenity to attract Section 294(b) of IPC, the words uttered must be capable of arousing sexually impure thoughts in the minds of its hearers.”

Dr. K.K. Ramachandran v. Sub Inspector of Police & Anr.