Tanushree Dutta-Nana Patekar controversy: Patekar may escape stricter provisions of amended law

Recently, Tanushree Dutta filed an FIR against Nana Patekar in the Oshiwara police station. However, as per recent reports, Nana may not have to face stricter provisions of the amended laws against sexual harassment as the incident had taken place in 2008. According to older laws, the offences he is booked for were bailable.

As per the FIR, Nana Patekar, choreographer Ganesh Acharya, director Rakesh Sarang and producer Samee Siddiqui have been booked under sections 354(assault or criminal force to woman with intent to outrage her modesty) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code. Both of these sections are bailable.

An amendment to the law was made through the Criminal Law (Amendment) Act, 2013, after gangrape and death of a 23-year-old Delhi woman in December 2012.

Advocate Flavia Agnes, who founded Majlis Manch, a legal centre for women’s rights told The Indian Express, “The previous law dealing with sexual harassment was limited in its definition. The amendment has brought stringent provisions. But it cannot be applied in a retrospective manner for an incident that took place before the amendment in 2013.”

Also read: Tanushree Dutta files written complaint againt Nana Patekar and others