Indian Penal Code, 1860
Section 509
repealedWord, gesture or act intended to insult the modesty of a woman
Whoever, intending to insult the modesty of any 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, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine1.
Why this exists
This provision addresses sexual harassment that does not involve physical touch, such as lewd comments, offensive gestures, indecent exposure, or spying on a woman's private space, but still violates her dignity and sense of safety. It reflects the recognition that verbal, gestural, and visual forms of harassment, along with invasions of privacy, can be deeply degrading and deserve criminal punishment even without physical contact. The Bharatiya Nyaya Sanhita, 2023 carries forward a similar offence, generally understood to correspond to Section 79 of the BNS, effective from 1 July 2024.
How courts read it
Courts have generally held that the offence requires the specific intention to insult a woman's modesty, and have recognised that acts such as stalking, taking photographs without consent, or making obscene gestures towards a woman in a public place can attract liability under this section, especially where the conduct is repeated or clearly targeted.
Common misconceptions
- Myth: This section only applies to physical touching or assault.
Fact: This section specifically covers non-physical acts, words, sounds, gestures, showing objects, or intruding on privacy, done with intent to insult a woman's modesty.