By Anuradha Gandhi and Isha Sharma
Introduction
When does a word cross the line from mere insult to criminal offence?
On July 15, 2025, the Delhi Dwarka Court in a pivotal judgment unequivocally declared that using a deeply derogatory slur such as “R***I” against a woman is not merely an insult but a punishable criminal offence under Section 509[1] of the Indian Penal Code (IPC), Now Section 78[2] of the Bhartiya Nyaya Sanhita BNS). Hon’ble Justice. Mr. Harjot Singh Aujla emphasized that such language constitutes a direct attack on a woman’s dignity, modesty and character[3].
In this ruling, the Magistrate clarified that the word in question is far from innocuous. “The word is not a word which is used simply to insult a person. The word is bound to insult the modesty of any hardworking woman,” the court observed[4].
Especially when hurled at a woman, it implies promiscuity, questions her sexual loyalty and casts aspersions on her character-elements that collectively serve to strip her of her inherent dignity.
This ruling marks a watershed moment in India’s jurisprudence, firmly recognizing verbal sexual harassment as an actionable violation of a women’s fundamental right to dignity.
Background
The case dates back to 2021 when the accused persistently harassed the complainant- a woman living with her husband and daughter-through repeated phone calls, threatening and sexually abusive language. He even visited her residence, demanding to open the door and issued violent threats.
Though the accused attempted to deflect the charges by claiming the case was fabricated due to a rent dispute, all his arguments were rejected by the court.
Now, the central question before the court was not merely whether the language was offensive-but whether utterance of such explicit targeted words amounted to an intent to outrage a woman’s modesty as defined under Section 509[5] of the IPC.
Understanding ‘Modesty’ in Legal Context
The term modesty has not been expressly defined under any Indian legislation. However, in accordance with the Oxford English Dictionary, one of the interpretations of modesty refers to ‘womanly propriety of behavior’. It is this nuanced understanding that the legislature intended to safeguard under Section 509[6] of the IPC (now Section 78 of BNS), protecting an attribute inherently linked to a woman’s dignity and identity[7].
Indian courts have time and again deliberated on what constitutes an outrage to the modesty of a woman. In this regard, judicial precedents have played a pivotal role in interpreting the scope of these provisions[8].
In the case Abhijeet J.K. v. State of Kerala (2020)[9], the Kerala High Court clearly distinguished between a general insult directed at a woman and an act that insults her modesty. It was held that in order to invoke Section 509[10] of IPC, it is not enough to merely insult a woman-what is required is the intention to insult her modesty.
Scope of Section 509 IPC (now Section 78 of BNS)
Section 509 of IPC (now Section 78 of BNS) criminalized any word, gesture or act intended to insult the modesty of a woman. For the offence to be established, it must be demonstrated that:
- any action, expression, or comment made with the intent to demean or violate a woman’s sense of modesty; and
- The insult was directed at a specific woman or a clearly identifiable group of women.
To strengthen its interpretation, courts have referred to significant precedents.
For instance, the Supreme Court in State of Punjab v. Major Singh (1967[11]) emphasized that a woman’s modesty, rooted in her sex, is a fundamental virtue she possesses regardless of her age or intelligence
To summarize, the sine qua non (essential condition) for applying Section 509 of the Indian Penal Code (now Section 78 of BNS) is the intention to outrage the modesty of a woman. As rightly opted by the Supreme Court in the case Rupan Deol Bajaj v. K.P.S. Gill (1995)[12] that “the ultimate test for ascertaining whether the modesty has been outraged is, in the action of the offender such as could be perceived as one which is capable of shocking the decency of a woman.”
Verdict of the Court:
Thus, in the concerned case, the court held that the accused’s use of vulgar and threatening language went far beyond a mere personal insult. The word was deeply humiliating and capable of insulting the modesty of a woman, thereby, satisfying the ingredients of Section 509 of IPC beyond reasonable doubt[13].
“The words uttered by the accused are “Darwaja khol de mujhe tere saath sex karna hai”, “R***i tujhe mai bataunga bahut samajhdar apne to samajahti hai”, “R***i Darwaja Khol de nahi to mai tujhe chodunga nahi”. The word R***i is not a word which is used simply to insult a person. The word is bound to insult the modesty of any hardworking woman. Especially, when this word is used to a woman, it denotes that the said woman is not loyal. Secondly, the words are not simple insult but it directly hits at the sex of a woman and it also shows that the word is intended to mean that the woman is promiscuous and it casts an aspersion on her character. It is bound to insult the modesty of any woman. The words also mean that she is engaged in sexual intercourse with various people. Hence, the court is of the view that the words spoken by the accused are intended to insult the modesty of complainant. Thus, ingredients of section 509 IPC are satisfied beyond reasonable doubt.”[14]
Furthermore, the complainant had alleged that the accused had threatened her with rape and murder if she failed to comply with his demands. These demands were found to clearly amount to criminal intimidation under Section 506[15] of IPC (Now Section 351 of Bhartiya Nyaya Sanhita).
Thus, the court concluded that the complainant was successful in proving its case beyond reasonable doubt and the accused was accordingly convicted under Sections 506[16] and 509 of IPC.
Legal and Social Impact of the decision
This judgment is notable for not only trivializing the slur as ‘bad language’ but also recognizing that the terms like ‘r****’ are saturated with misogynistic and patriarchal thinking. They are used to undermine a woman’s credibility, question her chastity and dignity.
By explicitly categorizing such insults as acts that can legally insult a woman’s modesty under Section 509[17] IPC (now Section 78 of BNS, 2023), the court has laid down a practical framework for future prosecutions of verbal sexual harassment. This approach not only empowers victims to seek redress but also guides legal practitioners, law enforcement and courts on how to effectively handle and prosecute verbal abuse cases rooted in misogyny.
Similarly, in a landmark judgement by the Delhi Court in State v. Hemant @ Jeet,[18] affirmed that using word “Haram” with sexually suggestive undertones amounts to directly impugning the woman’s character and dignity, precise under the purview of Section 509 of IPC. The court also emphasized that even in the absence of eyewitnesses, consistent testimony form complainant can be sufficient for conviction when credible.
The Thin Line between General Insult and Insult to Modesty
An illustrative case that demonstrates the thin line between general insult and insult to modesty is Varun Bhatia v. State & Anr[19].
Here, the complainant, a woman accused her superior officer of using the term ‘Gandi Aurat’ (dirty woman) and behaving rudely, which she claimed outraged her modesty.
However, the Delhi High Court, after assessing the overall context and circumstances, held that the accused actions did not demonstrate the requisite degree of intent or knowledge to reasonably foresee that his words provoke such an intense emotional reaction as to constitute an outrage to her modesty.
The judgment further clarified that merely using the term ‘gandi aurat’-in isolation, without any preceding or succeeding words, gestures or actions-would not attract the provisions of Section 509 of IPC (Now Sec 78 of the Bhartiya Nyaya Sanhita. The court noted that had the words been accompanied by specific gestures, tone or context suggesting a clear intent to insult her sexual dignity, the outcome could have been different.
Importantly, the court also remarked that gender-specific legal protections are not meant to become instruments of bias or reverse victimization, but rather to address and redress the specific vulnerabilities and lived realities faced by particular gender in society.
“The mere fact that legislation is designed to address specific gender-related concerns should not be misconstrued as being inherently biased against the opposite gender or being anti-men wherever applicable. To repeat, it is crucial to recognize that gender-specific laws are not meant to be “anti-opposite gender” but rather serve the purpose of addressing unique issues faced by a particular gender,” the court remarked.
Conclusion
The judicial interpretation of ‘modesty’ continues to evolve, balancing societal expectations, gender realities and the intent behind the accused’s actions.
What emerges clearly is that the context matters-both in terms of the words used and the circumstances in which they are said or acted upon.
While the law rightly provides safeguards to protect a woman’s dignity, courts are equally cautious to ensure these provisions are not misused, and are applied within the framework of fairness, intention and reasonableness.
Akshara Gupta, Legal Intern at S.S.Rana & Co. has assisted in the research of this article.
[1] The Indian Penal Code, 1860, s. 509 (Now replaced by Bhartiya Nyaya Sanhita, 2023, s. 78)
[2] Bhartiya Nyaya Sanhita, 2023, s. 78
[3] State v. Vikrant Grewal, 2025 SCC OnLine Dis Crt (Del) 29
https://images.assettype.com/barandbench-hindi/2025-07-17/5m2hdlzj/State_vs_Vikrant_Grewal.pdf
[4] State v. Vikrant Grewal, 2025 SCC OnLine Dis Crt (Del) 29
https://images.assettype.com/barandbench-hindi/2025-07-17/5m2hdlzj/State_vs_Vikrant_Grewal.pdf
[5] The Indian Penal Code, 1860, s. 509 (Now replaced by Bhartiya Nyaya Sanhita, 2023, s. 78)
[6] The Indian Penal Code, 1860, s. 509 (Now replaced by Bhartiya Nyaya Sanhita, 2023, s. 78)
[7] https://eprints.soton.ac.uk/54648/1/ImportantofModest.pdf
[9] Abhijeet J.K. v. State of Kerala, [2020 SCC OnLine Ker sss703]
[10] The Indian Penal Code, 1860, s. 509 (Now replaced by Bhartiya Nyaya Sanhita, 2023, s. 78)
[11] State of Punjab v. Major Singh,[AIR 1967 SC 63]
[12] Rupan Deol Bajaj v. KPS Gill, (1995) 6 SCC 194
[14] State v. Vikrant Grewal, 2025 SCC OnLine Dis Crt (Del) 29
https://images.assettype.com/barandbench-hindi/2025-07-17/5m2hdlzj/State_vs_Vikrant_Grewal.pdf
[15] The Indian Penal Code, 1860, s. 506 (Now replaced by Bhartiya Nyaya Sanhita, 2023, s. 351)
[16] The Indian Penal Code, 1860, s. 506 (Now replaced by Bhartiya Nyaya Sanhita, 2023, s. 351)
[17] The Indian Penal Code, 1860, s. 509 (Now replaced by Bhartiya Nyaya Sanhita, 2023, s. 78)
[19] https://www.verdictum.in/pdf_upload/judgementwatermark-1536726.pdf