Indian Kanoon - Search engine for Indian Law

7. A reading of the title of Section 509 IPC itself shows that the section deals with an offence involving word, gesture or act which are intended to insult modesty of a woman. The offence under the said section will be attracted if a person 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. But, a question arises whether `writing of letters' will constitute any of the acts stated in Section 509 IPC. The act committed in this case is not uttering of words or making of any sound. It is doubtful whether it amounts to exhibiting any object or intruding into a woman's privacy also which are referred to in section 509 IPC.

19. That is why even a verbal attack on a woman, a gesture and other acts stated in section 509 IPC were brought under the said section. It is clear from a reading of section 509 IPC 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 IPC.

21. I find it extremely difficult to reach a conclusion which will defeat the very object of section 509 IPC. 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 IPC. 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 IPC 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 IPC. I feel quite confident to hold that Indian legislature's intention will not be contrary to what I have already concluded.

26. But, when this court finds that the allegations revealed from the records constitute any offence or offences other than what are stated in the charge sheet, it will not be just and proper to quash the charge. Such quashing will not only not secure ends of justice, but it will even result in miscarriage of justice. Having found that an offence under section 509 IPC is prima facie made out, no interference is warranted under section 482 of the code. Though the specific section is not included in the charge sheet, nothing prevents the lower court from proceeding against the petitioner for offence under section 509 IPC. Any way, I am not inclined to quash the charge on the ground that there is failure to include a particular section in the charge sheet.