If someone intentionally tries to insult a woman’s modesty by using offensive words, gestures, or actions, or intrudes on her privacy, they can be punished with up to three years of simple imprisonment, along with a fine.
WHAT IS SECTION 509, IPC?
Word, gesture or act intended to insult the 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, 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.
UNDERSTANDING CRIMINAL LIABILITY UNDER IPC
Generally, for any criminal liability to arise i.e., for a person to be held guilty for any offence under the IPC, it is important that he/she fulfils the essential criminal ingredients or criteria stipulated under IPC for that offence.
Broadly, IPC defines offences by laying down two of its essential components –
a. Actus Reus i.e., the criminal act which the accused must have compulsorily performed.
AND
b. Mens Rea i.e., the criminal mind which the accused must have compulsorily entertained while performing the above-stated criminal act.
It is when the accused performs a criminal act under the influence of a criminal mind, that he can be said to have committed the offence in the eyes of law.
WHEN CAN A PERSON BE HELD GUILTY UNDER SECTION 509, IPC?
For a person to be held guilty for the offence of ‘Insulting Modesty of a Woman’ under Section 509, IPC it is important for the prosecution to compulsorily prove the following:
1. Nature of the criminal act for ‘Word, gesture or act intended to insult the modesty of a woman’:
The accused must have ‘insulted’ a woman.
The ‘insult’ must be caused –
a. By uttering some word, or making some sound, or gesture or exhibiting any object so as to be heard or seen by such woman,
OR
b. By intruding upon the privacy of such woman.
If the act was not of the above description, it is not a criminal act for the purpose of Section 509, IPC failing which, a person could not be convicted of the offence of ‘Word, gesture or act intended to insult the modesty of a woman’ under Section 509, IPC.
2. Nature of the criminal mind for ‘Word, gesture or act intended to insult the modesty of a woman’:
The accused must have committed the above criminal act while entertaining the intention to insult the modesty of a woman
To prove the essential ingredient of intention, the prosecution generally makes use of the circumstances surrounding the offence.
CAN A POLICE-OFFICER MAKE AN ARREST UNDER SECTION 509, IPC WITHOUT WARRANT?
Yes, a police officer can arrest a person suspected to have committed an offence under Section 509, IPC without warrant from the Court (a warrant is a Court-order authorising a police officer to carry out an arrest).
IS THE OFFENCE UNDER SECTION 509, IPC, BAILABLE?
Yes, the offence under Section 509, IPC is bailable.
HOW TO GET BAIL IF CHARGED UNDER SECTION 509, IPC?
Since the offence under Section 509, IPC is a bailable one, an accused arrested in the alleged commission of the same can apply for bail before the Investigating Officer, or if he is forwarded to the Court of Magistrate, before such Magistrate. Bail in a bailable offence can be granted by both the Court or the Investigating Officer.
IS THE OFFENCE UNDER SECTION 509, IPC, COMPOUNDABLE?
The offence under Section 509, IPC is compoundable i.e., law allows for a compromise to be recorded between the victim and the offender.
WHAT TO DO IF INVOLVED IN A CASE UNDER SECTION 509, IPC?
1. Right to be informed of grounds of arrest which has been made – Section 50(1) of CrPC and Article 22(1) of the Constitution of India enforce this right.
2. Right to inform the relatives/ friends – Police officer making arrest has to immediately give the information regarding such arrest and the place where the arrested person is being held to any of his/her friends, relatives or such other persons as may be disclosed or nominated by the arrested person, as per Section 50A of the CrPC.
3. It is also the duty of the police officer to inform the person arrested of his/her rights.
4. Right to be informed of right to bail as per Section 50(2) of CrPC. The arrested person also has a right to be released on bail, when arrested without warrant for an offence other than a non-cognizable offence.
5. Right to be produced before a magistrate without delay – It is illegal to keep a person in detention for more than 24 hours without the orders of the Magistrate as per Section 56 of CrPC and Article 22(2) of the Constitution of India. Right of not being detained for more than twenty-four hours is also covered in Section 76 of CrPC.
6. Right to consult a legal practitioner – This right begins from the moment the arrest is made. It is required that the arrested person should contact his lawyer without any delay. This right is also covered under Article 22(1) of the Constitution of India, along with Section 41D of CrPC, and Section 303 of CrPC.
7. Manhandling and Handcuffing – It is illegal to manhandle a person at the time of arrest.
8. Search of arrested person who is female – In case of a women offender only a female police can search another female. The search should be carried out in a decent manner. A male police officer cannot search a female offender. He can however search a woman’s house.
9. Also there exists a right to be examined by a medical practitioner.
10. Arrested person has a right to legal aid and fair trial. Article 39-A states that the government in an effort to secure justice should endeavour to provide free legal aid to people in need.
11.Right to remain silent is also an important right. This has been ensured in CrPC and even the Indian Evidence Act.
12. Right against Handcuffing and Torture.
13. If your personal items are kept by the police, you have a right to receive a receipt for the same so that you can take them later when you are released on bail.
WHY DO YOU NEED A LAWYER IN CASES RELATED TO SECTION 509 OF THE INDIAN PENAL CODE?
A criminal lawyer can assist you in understanding the following if you are being prosecuted for a crime: the type of charges that have been brought; any defences that may be available; the likelihood of plea deals being made; and what to expect following a trial or conviction.
For this reason, if you are accused of a crime as horrible as the one listed in section 509 of the Indian Penal Code, you should have a criminal counsel on your side.