Discuss the offence of insulting the modesty of a woman.

Question: Discuss the offence of insulting the modesty of a woman.

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Answer

Section 509 IPC, as defined under the code states as,

“Whoever intending to insult the modesty of a woman, utters any word, makes any sound, or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine”.

Sec 509 IPC is one of the most important sections of the Indian Penal Code. The object of this section is to protect the modesty and chastity of a woman. To establish an offence under this section, a person requires the following essential elements.

These are as follows:

1. Intention to insult the modesty of a woman,
2. The insult must be caused-

1. 1. by uttering some word, or making some sound, or gesture or exhibiting any object or so as to be heard or seen by such woman, or
   2. by intruding upon the privacy of such a woman.

The question of what constitutes an insult to female modesty requires no description.

In the case of Rupan Deol Bajaj v. K.P.S Gill, (1995) 6 SCC 194, it was stated that,

“If the word uttered or the gesture made could be perceived as one which is capable of shocking the sense of decency of a woman, then it can be found that it is an act of insult to the modesty of the woman.”

The court in the recently decided case of Abhijeet J.K. v. State of Kerala, 2020 SCC OnLine Ker 703 has stated that: Act of affront to the decency and dignity of a woman cannot be considered as trivial in nature.

In the case of Emperor v. Tarak Das Gupta, (AIR 1926 Bom 159), wherein it was held by the Supreme Court that the sending by post of a letter containing indecent overtures to a woman can amount to an offence punishable under Section 509 of the Penal Code, 1860.

It is to be noted that Section 354 IPC prescribes the punishment for outraging the modesty of a woman by an act of assault or use of criminal force. In spite of the existence of the aforesaid provision, the legislature has incorporated Section 509 IPC, making punishable even a verbal attack of insulting the modesty of a woman.

The offence is cognizable, bailable, as well as non-compoundable which is triable by any Magistrate. Also, a person can be subject to imprisonment for a term of 3 years of simple imprisonment including a fine.

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