IPC Section 509 : Word, gesture or act intended to insult the modesty of a women
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More details about this section :
- Cognizable or not?
- Whether Bailable?
- Compoundable or not?
- Triable by - Any Magistrate.
1. Substituted by the Criminal Law (Amendment) Act, 2013, Sec. 10 (w.e.f. 3-2-2013)
Read Also : || IPC section 228 - A : Disclosure of identity of the victim of certain offences, etc ||
State Amendment :
Criminal Law (Chhattisgarh Amendment) Act, 2013 (Act No. 25 of 2015) further to amend the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872, in its application to the State of Chhattisgarh.
Be it enacted by the Chhattisgarh Legislature in the Sixty-Fourth Year of the Republic of India in Chapter II Insertion of new Section 509A and 509B.
After Section 509 of the Penal Code, the following shall be inserted, namely :-
509A. Sexual harassment by relative. - Whoever, being related to a woman through blood, adoption or marring?, and not being her husband, takes the advantage of his proximity and induces, seduces or threatens such woman with intent to insult her modesty by word, gesture or act shall be punished with rigorous imprisonment which shall not be less than one year but which may extend to five years and shall also be liable to fine.
509B. Sexual harassment by electronic modes. - Whoever, by means of telecommunication device or by any other electronic mode including internet, makes, creates, solicits or initiates the transmission of any comment, request, suggestion, proposal, image or other communication, which is obscene, lewd, lascivious, filthy or indecent with intent to harass or cause or having knowledge that it would harass or cause annoyance or mental agony to a woman shall be punished with rigorous imprisonment for a term which shall not be less than six months but may extend to two years and shall also be liable to fine.
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Section 509A and 509B both are applicable only in the state of Chhattisgarh. Till now only section 509 is applicable in IPC but "The Home Ministry has proposed to amend two provisions in the IPC, that is, Section 153A and Section 509A. These are proposed to be inserted into the IPC sections...since this matter comes under the Concurrent List, we have to obtain the opinion of the State Governments,” Mr. Rijiju had said. "Another official said that the amendments were based on the recommendations of the Bezbaruah Committee, constituted by the Centre in February 2014 in the wake of a series of racial attacks on persons belonging to the northeast" .
- The Hindu (7th August, 2017).
According to 8th July, 2015 NDTV article "The Ministry of Home Affairs is in process of finalizing a comprehensive bill for insertion of new sections of 153C and 509A in Indian Penal Code (IPC) which will be introduced in Parliament after inter-ministerial consultation," a bench of Chief Justice G Rohini and Justice Jayant Nath was told.
Case Law :
- A man in Thane has been held guilty by judicial magistrate RT Ingale under the Indian Penal Code (IPC) section 509 for calling a woman 'Chammak Challo' in 2009. The judge said that the Hindi word 'chammak challo' has no meaning in English but Indians understand these words, which are used to insult a woman. "They demean a woman and can cause irritation and anger to them. Hence, the accused is punished under Section 509 (word, gesture, or act intended to insult the modesty of a woman)," the court ruling said.
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• indiacode.nic.in
• bareactslive.com
• Indian Penal Code by Prof. S. N. Misra
• thehindu.com & ndtv.com