Word, gesture or act intending to insult the modesty of a women ( section 509 of IPC)
The right of privacy is one of the essential right granted to citizen by constitution. The right of privacy of a woman is protected under section 509 of Indian penal code, where it states that “Whoever , intending to insult the modesty of any women, 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 women or intrudes upon the privacy of such women, shall be punished with simple imprisonment for a term which may extend to one year, or with fine or with both”.
In other words ” If a man intending to outrage the modesty of a women exposes his person indecently to her or uses obscene words intending that she should hear them or exhibits to her obscene drawing, he commits this offence”
The section intends to protect the modesty of a woman.
What do you mean by modesty?
Modesty is defined as something lewd or scrupulously chaste as per the Oxford dictionary.
In general, the term modesty means the sexual dignity of a woman which is acquired by her since the time of her birth. The word “outrage” implies a physical act.
Ingredients
Section 509 provides for ingredients in two parts, under first part modesty of a woman can be insulted in the following manners
1. By uttering words, making sound or gesture or exhibiting objects; and
2. With intention that such words or sound should be heard; or gesture or object should be seen by such women.
Under second part the modesty of a woman can be insulted by intruding upon the privacy of a women.
What is an intrusion upon the privacy of women depends upon different situation. Probably in the case of Hindu or Parsi or Muslims or Christians female belong to middle class family , her house room in which she lives is considered as her place of privacy. A women hostel will undoubtedly be consider as the place of privacy for her any person who stares at them through doors and windows may be held guilty under this section as intruding upon the privacy of a women.
In order to prove the guilt the burden is on the prosecution that the accused had uttered the words or made the sound or gesture and that such word, sound or gesture was intended by the accused to be heard or seen by some women.
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