Thursday, June 20, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

IPCMODEL ANSWER

INSULTING THE MODESTY

Explain in detail the offence of insulting the modesty of woman given under section 509 of Indian Penal Code, 1860.

  

Article 21 of the Indian Constitution provides a right to live a dignified life to each and every individual and the term individual includes both men and women. So, it means that every woman has right to live a dignified life and no person has right to affect this right of any of the women. If any person tries to violate this right of any woman, then in such a case, according to the provisions of Article 15(3) of Indian Constitution, the legislature has power to punish that person by enacting adequate laws.

Section 509 of the Indian Penal Code, 1860, has been introduced in the Indian Penal Code, 1860, with an intention to protect the dignity of woman. Section 509 of Indian Penal Code, 1860, deals with the provisions of an offence relating to insulting the modesty of woman. According to section 509 of Indian Penal Code, 1860, if any person with an intention to insult the modesty of woman, utters any word or makes any sound or exhibits any object and he does all these things with an intention that such word or sound shall be heard by that woman or such object shall be seen by that woman, then in such a case, that person will be held liable for having committed the offence of insulting the modesty of woman given under section 509 of the Indian Penal Code, 1860.

Now, the main question which arises here is, what does the term modesty mean?
Basically, modesty means sexual dignity of a woman which is acquired by her since the time of her birth. It is a virtue attached to a woman owing to her sex. The basic principle of modesty is subjective to every woman because sexual limits of a woman are personal to every woman and there is no straight jacket formula to judge the boundaries of sexual honour of each and every woman.

  

Section 509 of Indian Penal Code, 1860, deals with the provisions of insulting the modesty of woman. There is a notable distinction between an act of insulting the woman and an act of insulting the modesty of a woman.

So, to hold an accused liable under section 509 of Indian Penal Code, 1860, it is not sufficient to prove that an act of an accused has committed the insult of a woman. Insulting the modesty of a woman is an essential ingredient of section 509 of Indian Penal Code, 1860. So, to held an accused liable under section 509 of Indian Penal Code, 1860, it is necessary to prove that an act of an accused has committed the insult of the modesty of a woman.

In the leading case of Rupan Deol Bajaj vs. K.P.S. Gill (SC 1995), the Hon’ble Supreme Court 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 general meaning of the term ‘insult’ refers to a situation in which a woman is made to feel ashamed of her sexual dignity. If an act lowers the sexual honour of a woman in her own eyes, then in such a situation, it will be considered that the abovesaid act has committed the insult of the modesty of the woman.

According to the provisions of section 509 of the Indian Penal Code, 1860, to insult the modesty of woman, it is not necessary to touch any body part of the woman. If an accused utters any word or makes any sound or exhibits any private object with an intention to insult the modesty of woman, then in such a case, it will be considered that he has insulted the modesty of that woman.

  

In the leading case of Veena Menezez vs. Yusuf Khan (SC 1966), the Hon’ble Supreme Court stated that an act of affront to the decency and dignity of a woman cannot be considered as trivial in nature.

According to section 509 of Indian Penal Code, 1860, if an accused insults the modesty of a woman, then in such a case, he cannot claim the benefit given under section 95 of the Indian Penal Code, 1860, and cannot say that the act was trivial in nature. Such an act is considered as serious in nature because it affects the provisions of Article 14, 15 and 21 of the Indian Constitution. So, if any person commits the abovesaid offence, then in such a case, he will be punished with the simple imprisonment for a term which may extend to three years and also with fine.

  

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