Source: Bombay High Court 

Why in News? 

Recently, the Bombay High Court has held that to constitute an offence of outraging the modesty of a woman the word “uttered” referred in law does not merely include the words spoken but also to the words written that are indented to insult a woman.  

What was the Background of Joseph Paul De Souza v. State of Maharashtra Case? 

• In the present case, the respondent and the petitioner used to live in the same society and got into an argument due to the petitioner’s interference with the business of the respondent. 
• Following the incident the petitioner sent the respondent mails which were derogatory and defamatory. 
• The respondent filed a complaint against the petitioner for outraging her modesty via mails sent by the petitioner on three consecutive events. 
• The respondent filed the complaint before Cyber Crime Investigation Cell alleging that the statements made by the petitioner in the mails are obscene, vulgar and of an overtly sexual nature that outrages her modesty and also Carbon Copied the same to the other member of the society. 
• The First Information Report (FIR) was also filed under Sections 354, 509 & 506 of  Indian Penal Code (IPC) and Section 67 of the Information Technology Act, 2000 (I.T. Act). 
• The Trial Court proceedings were stayed. 
• The petitioner filed the Criminal Writ petition before the Bombay High Court and argued that  
  • His statements were not intended to outrage the respondent's modesty. 
  • There cannot be 2nd FIR on the same grounds. 
  • The relations between the petitioner and the respondent were never sound and due to personal grudges, the respondent filed the complaint against the petitioner. 
  • There was no obscenity in the content of mails delivered so he cannot be charged under Section 67 of IT Act. 

What were the Court’s Observations?

• The Bombay High Court observed that the FIR filed was in the consequence of the complaint registered before Cyber Cell and the preliminary enquiry conducted by the cell in the matter concerned. Hence, the FIR filed was not invalid. 
• The Bombay High Court observed the content of the mails and noted that in one of the emails the petitioner referred to the respondent as “Ms. Bonnie” which is a character of the film “Bonnie & Clyde” based on two criminals. 
• The Court further observed that the petitioner's intent was to insult the respondent and lower the respondent's image. 
•  The Bombay High Court made a broader interpretation of Section 509 of IPC where he stated that Section 509 of the I.P.C. has three components for establishing an offense 
  • The presence of an intention to insult the modesty of a woman. 
  • The manner in which this insult is perpetrated. 
  • An intrusion on her privacy.  
• The High Court observed that the manner of such intrusion is not restricted by an ‘utterance’ or ‘gesture’. It observed that the intrusion of privacy is not constituted merely by words spoken but also otherwise. 
• The court relied on the intent of the provisions to decide the matter and rejected the plea for quashing the charges and the FIR against the petitioner. 

What is Outraging the Modesty of Women? 

About: 

• When an act is done to insult the women, it is termed as outraging her modesty. 
• The act could be of any nature whether verbal or non-verbal the intent is to  
• It is a serious offence in India and has penal provisions for the same. 

What is Modesty? 

• 'Modesty' is not explicitly defined in the IPC but refers to womanly propriety, decency, and reserve in behavior, speech, and conduct. 
• A woman's modesty is intrinsically linked to her sex and femininity, regardless of age. 

What is Outraging Modesty? 

• Outraging modesty involves acts that are offensive, indecent, or degrading to a woman's sense of decency and morality. 
• It includes acts like inappropriate touching, forcible disrobing, indecent gestures or remarks with the intent to insult modesty. 

What are the Essential Ingredients? 

• Assault or use of criminal force against a woman. 
• Intention or knowledge that such acts are likely to outrage her modesty. 
• The presence of an intention to insult the modesty of a woman. 
• The manner in which this insult is perpetrated. 
• An intrusion on her privacy. 

What is the Difference between Rape and Modesty?

What are Case Laws Related to Outraging Modesty of Women? 

• State of Punjab v. Major Singh (1967): The ultimate test is whether the act is perceived as capable of shocking a woman's sense of decency. A woman possesses modesty by virtue of her sex from birth. The victim's age is irrelevant in determining outrage of modesty. 
• State of Kerala v. Hamsa (1988): Outraging modesty depends on the customs and habits of the society. Even gestures with such intention can attract Section 354 of IPC. 
• Ram Mehar v. State of Haryana (1998): Catching hold of a woman, taking her to an isolated place, and attempting to undress her amounts to outraging modesty. 
• Tarkeshwar Sahu v. State of Bihar (2006): Modesty is an attribute associated with women as a class. The culpable intention of the accused is crucial, not the victim's reaction. Even if the victim is unable to perceive the outrage (sleeping, minor, etc.), the offence is punishable. 

What are the Provisions for the Protection of Women’s Modesty under Bharatiya Nyaya Sanhita, 2023(BNS)? 

• Section 74: Assault or use of criminal force to woman with intent to outrage her modesty. 
  • Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine. 
• Section 79: Word, gesture or act intended to insult modesty of a woman. 
  • Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, 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.  

Internet and Crimes Against Women 

• Advent of modern technology has opened up wide spectrum of means to commit crimes against women. 
• There are several offences which occur on daily basis on internet such as creating obscene contents on the internet to outrage the modesty of women, or by disclosing the identity of victims of offences against women over the internet, by insulting women through commenting on the posts or by Direct messaging them, etc. 
• Modern technology makes the manner of perpetrating the offense verily real. 
• Physical advances may not be necessary in all cases the intention holds a key role. 
• The Courts have somehow tried to interpret the existing penal provisions as per the increasing crimes through the internet.