Section 509 - Word, gesture or act intended to insult the modesty of a woman.
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:
- Intention to insult the modesty of a woman,
- The insult must be caused-
- 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
- by intruding upon the privacy of such woman.
Say for an instance, if a person enters into a woman’s house and tries to catch hold of her and persuades her for sexual connection or any kind of sexual favour by removing her clothes, such a person is said to commit an offence under the purview of section 509 Indian Penal Code.
Whereas, on the other hand, if a person sends a letter to a woman that contains indecent language, lewd and filthy suggestions, here also the person will be held guilty for committing an offence under sec 509 Indian Penal Code.
The question of what constitutes an insult to female modesty requires no description. The ingredients that constitute to the essence of modesty of a woman was explained by the Supreme Court in the case of State of Punjab v. Major Singh.
It is the fact of common sense that any word spoken, or song, picture or figure exhibited which suggests lewd thoughts is immoral and insulting to female modesty unless the woman is a consenting party to it. The fact that the indecent act was done unobserved by all except the woman is, of course, no excuse for the offence, because it is intended to punish such very acts. Nor does the fact that there were several women present, some of whom did not mind, matter.
Moving further, an insult to the modesty of a woman is not only caused by any stranger, but it can be in the form of domestic violence as well. Domestic violence in all forms has increased much fold over the years. Earlier, the cases of domestic violence were ignored as they were between close relations and within the privacy of their homes.
Domestic Violence in broader terms does not only mean harassment or cruelty at the hands of the husband or by the in-laws of a woman. It also includes offences like rape, mutilation of private organs and so on.
In addition to the above mentioned, women are more subject to become the victims of sexual harassment at their workplaces. In order to save their job and reputation of the family in society, they remain silent on such issues. Instead of remaining quiet, they need to raise their voice and strive for punishment for these sexual predators.
To provide protection to women at large, this section, IPC 509 was enforced. The offence is a 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 fine.
