‘Touching a woman without sexual intent doesn’t involve criminal activity’: Brij Bhushan Sharan

Outgoing Wrestling Federation of India (WFI) Chief Brij Bhushan Sharan Singh told a Delhi court on Wednesday that touching a woman without any sexual intent is not an offence while defending himself against sexual harassment allegations by female wrestlers.

This statement came while the court was hearing arguments on framing of charges against Singh and suspended WFI assistant secretary Vinod Tomar.

“Merely touching a woman without sexual intent doesn’t involve criminal activity…the event is a wrestling event…the coaches are mostly male. If out of anxiety or joy of doing something for the nation, a coach hugs his student, it shouldn’t be considered an offence,” Advocate Rajiv Mohan, appearing for Singh, told Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal.

"We see on TV... it's not that only female coaches will hug female players," he added.

Pointing out the allegation against Singh during a wrestling event in Siri Fort by the women wrestlers, the lawyer said that only hugging was involved and there was no sexual offence or intent involved. 

The lawyer further submitted that touching a female without sexual intent only qualifies ingredients of section 354A of the IPC (sexual harassment), and if 354A applies, the complainant is also barred by time now.

He said, “A complaint was filed in 2023 based on the alleged incidents of 2017 and 2018”, adding that no strong reason was given for the delay in raising the issues except that there was a career concern.

Mohan also mentioned that some of the instances shared by wrestlers were not in India but in Mongolia and Jakarta and hence outside of the territorial jurisdiction of the Delhi Court, and as cases that occurred outside India cannot be tried by the court without a sanction from the Central Government.

The remaining alleged offences were in Delhi, Bellary and Lucknow. Mohan, assisted by Advocates Rishabh Bhatia and Rehan Khan, argued that for offences committed in a different state within India, the court can only proceed if the offence is a “continuing” one. 

"The moment modesty is outraged, offence is completed. Offence of using criminal force to assault, to outrage modesty. These offences can never be termed as continuing offences," Mohan argued.

He also talked about the inquiry conducted by an oversight committee of the Sports Ministry and said that the complaints against Singh were “not substantiated”. 

The hearing will continue on Thursday (August 10).

On July 20, Delhi's Rouse Avenue court granted bail to Brij Bhushan in the case, and this order was passed by Justice Harjeet Singh Jaspal. At that time, the court also said that Brij Bhushan cannot leave the country without permission, and he cannot directly or indirectly threaten those who filed the case.

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