Question: Discuss the offence of insulting the modesty of a woman. Find the answer to the mains question only on Legal Bites. [Discuss the offence of insulting the modesty of a woman.] 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,… Read More »

Question: Discuss the offence of insulting the modesty of a woman. Find the answer to the mains question only on Legal Bites. [Discuss the offence of insulting the modesty of a woman.] 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...

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

Find the answer to the mains question only on Legal Bites. [Discuss the offence of insulting the modesty of a woman.]

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. 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.

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.


Important Mains Questions Series for Judiciary, APO & University Exams

  1. IPC Mains Questions Series Part I: Important Questions
  2. IPC Mains Questions Series Part II: Important Questions
  3. IPC Mains Questions Series Part III: Important Questions
  4. IPC Mains Questions Series Part IV: Important Questions
  5. IPC Mains Questions Series Part V: Important Questions
  6. IPC Mains Questions Series Part VI: Important Questions
  7. IPC Mains Questions Series Part VII: Important Questions
  8. IPC Mains Questions Series Part VIII: Important Questions
  9. IPC Mains Questions Series Part IX: Important Questions
  10. IPC Mains Questions Series Part X: Important Questions
Updated On 2021-09-04T18:35:02+05:30
Admin LB

Admin LB

Next Story