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CHAPTER XXII OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Section 509: Word, gesture or act intended to insult the modesty of a woman

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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, 1[shall be punished with simple imprisonment for a term which may extend to three years, and also with fine].

State Amendment (as printed in the official text)

Chhattisgarh

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 marriage, 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 liable to fine.

509B. Sexual harassment by electronic mode.—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.

[Vide Chhattisgarh Act 25 of 2015, sec. 6].

Footnotes in the official text

  1. 1.Subs. by Act 13 of 2013, s. 10, for “shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both” (w.e.f. 3-2-2013).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

509. Word, gesture or act intended to insult the modesty of a woman.BNS 79

Questions on this section

3 questions in 5 of our papers cite Section 509. Try these from the free papers:

  1. 1. D, a domestic worker employed in a private household, complains to the Local Committee that her employer sexually harassed her in the house. The Local Committee finds that a prima facie case exists. Under Section 11(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Local Committee shall:

Practise questions on Criminal Law