Kerala High Court Denies Relief Under BNSS for Grave Offences

Application for Extraordinary Remedy Dismissed Due to Serious Allegations of Sexual Harassment

In a significant judgment, the Kerala High Court has dismissed an application for extraordinary remedy under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by PS Krishnadas, citing the gravity of the offences involved. The judgment was delivered by Justice K. Babu on November 4, 2025.

PS Krishnadas, the petitioner, is accused in Crime No.1061/2025 of Palakkad Town North Police Station with offences punishable under Sections 78 and 79 of the Bharatiya Nyaya Sanhita, 2023, and Sections 119(a) and 119(b) of the Kerala Police Act, 2011. The prosecution alleges that on September 9, 2025, Krishnadas made sexually coloured remarks and demanded sexual favours from the complainant, who boarded a bus at Stadium Bus Stand, Palakkad. The petitioner, upon questioning by the complainant for trying to photograph her, allegedly harassed her with unwelcome comments.

Krishnadas approached the High Court directly, bypassing the Sessions Court, claiming exceptional circumstances as the victim is a lawyer practicing in the same locality. This, he argued, resulted in unavailability of counsel willing to represent him due to potential conflicts of interest.

Justice Babu, after reviewing the Case Diary submitted by the Public Prosecutor, noted the serious nature of the allegations and held that the offences were grave, thus not warranting the extraordinary remedy sought under Section 482 of BNSS. The court emphasized that the allegations involve severe misconduct, and relief cannot be granted in light of the evidence presented.

The decision underscores the judiciary's stance on treating sexual harassment cases with the seriousness they deserve, ensuring that offenders are not shielded from legal processes under the guise of procedural exceptions. The ruling serves as a reminder of the stringent measures in place under the Bharatiya Nyaya Sanhita and Kerala Police Act to address and penalize acts of sexual misconduct.

Bottom Line:

Application for extraordinary remedy under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, dismissed due to gravity of offences under Sections 78 and 79 of Bharatiya Nyaya Sanhita, 2023, and Sections 119(a) and 119(b) of Kerala Police Act, 2011.

Statutory provision(s): Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 78 and 79 of Bharatiya Nyaya Sanhita, 2023, Sections 119(a), 119(b) of Kerala Police Act, 2011.

PS Krishnadas v. State of Kerala, (Kerala) : Law Finder Doc Id # 2822912