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Showing contexts for: 509 penal code in Joseph Paul De Sousa vs The State Of Maharashtra And Anr on 21 August, 2024Matching Fragments
c. There is a delay of 7-8 months in lodging the F.I.R. d. There can be no application of Section 354 of the I.P.C. due to lack of any allegation regarding assault or use of force against the Respondent No. 2. Moreover, he contends that, there can be no application of Section 509 of the I.P.C. as well since there is no intention to insult/outrage the modesty of a woman. Mr. Jagtiani while interpreting Section 509 of the I.P.C. contended that, to attract the said offense, it is necessary that the offending words should be uttered or communicated by way of a gesture. The offense cannot be committed by written words. Thus, he submitted that, the e-mails which are obviously not 'utterances' nor 'gestures', do not fulfill the ingredients of Section 509 of the I.P.C. Furthermore, none of the three e-mails remotely suggest a threat with any bodily injury or death to the Respondent No. 2.
19. That is why even a verbal attack on a woman, a gesture and other acts stated in Section 509 I.P.C. were brought under the said Section. It is clear from a reading of Section 509 I.P.C. that by introducing the said provision, legislature intended that any sort of aggression into a woman's modesty whether by any word, deed or act should be deterred, as evident from the title to the Section itself. Thus, the acts which are done intending to insult the modesty of a woman which may not necessarily involve even any physical advances are also brought within the sweep of a separate provision viz., Section 509 I.P.C.
Gitalaxmi 1-wp-3480-2011-J.doc
21. I find it extremely difficult to reach a conclusion which will defeat the very object of Section 509 I.P.C. There can be little doubt that the legislature would not have intended that a person who insults the modesty of a woman by his writings must be kept out of the province of Section 509 I.P.C. In a country like India, legislature would not have ever intended that a person who expresses his attitude or intention to insult modesty of a woman by sending a letter should be absolved from criminal liability. I am of view that the very object of the provision will be defeated if a contrary view is taken. Thus, while interpreting the meaning of the relevant expression in Section 509 I.P.C. in the light of the relevant rules of interpretation, I find that 'writing of letter' to a woman, intending to insult her modesty can be construed as 'making a gesture' under Section 509 I.P.C. I feel quite confident to hold that Indian legislature's intention will not be contrary to what I have already concluded."
8.15) Having ratiocinated that, words and gestures communicated
24. Special Leave to Appeal (Cri.) No. 4503 of 2005 decided on 1st October 2007.
Gitalaxmi 1-wp-3480-2011-J.doc through e-mails also fall within the ambit of Section 509 of the I.P.C., the next point for determination is whether the words in the e-mail were intended to outrage the modesty of the Respondent No. 2. The e-mails speak for themselves. A plain reading of the contents of all three e-mails clearly reveals a tirade by the Petitioner against the Respondent No. 2, her late husband and her family. The Respondent No. 2-Ms. Zinnia is referred to as 'Dear Bonnie'. 'Bonnie' is neither an endearment nor an alias of the Respondent No. 2 but is a reference to the character in a famous movie titled 'Bonnie & Clyde". The movie is on the life of two criminals named Bonnie & Clyde, known for a series of bank robberies, murders, and kidnappings that took place between 1932 and 1934, the height of the Great Depression. The intention of the Petitioner in referring to the Respondent No. 2 in the e-mails as 'Bonnie" itself reveals his intent to insult her. He proceeds to berate her in the e-mails by narrating aspects in her life insinuating that, many respectable and distinguished members in society have outcast the Respondent No. 2 and her family and that she has been exposed in their eyes. Names of various famous personalities are dropped alleging that she and her late husband lost credibility in their opinion. The Respondent No. 2 and her family are degraded and made out to be crooks and beggars in the e-mails. The contents of the e-mails, over and above the alleged offending words that are part of the F.I.R. are undeniably defamatory and aimed to lower the image and reputation of the Gitalaxmi 1-wp-3480-2011-J.doc Respondent No. 2 in the eyes of society and particularly to the persons, to whom its copies are forwarded. We say this, as the e-mails were cc'ed to other members of the housing society in which the parties reside. The act of copying third persons in the e-mails emphasizes the intent of the petitioner in hurting, abusing, and insulting the Respondent No. 2 to an extent that is undoubtedly likely to outrage her modesty. 8.16) The cornerstone of Section 509 of the I.P.C. is the requirement of intent, where the accused must possess a deliberate intention to affront or insult the modesty of a woman. This intent sets apart ordinary speech or actions from those that amount to an offense under Section 509 of the I.P.C. The Apex Court in the case of State of Punjab Vs. Major Singh (supra) has made observations regarding outraging the modesty of a woman, and the relevant observations read as under: