Bharatiya Nyaya Sanhita 2023
Section 79 :
Word, gesture or act intended to insult modesty of woman :
(See section 509 of IPC 1860)
Section : 79
Classification of Offence:
Offence : Uttering any word or making any gesture intended to insult the modesty of a woman, etc.
Punishment : Simple imprisonment for 3 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The woman whom it was intended to insult or whose privacy was intruded upon.
By Which Court Triable : Any Magistrate.
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Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, 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.
Indian Penal Code 1860 (IPC 1860)
Section 509 :
Word, gesture or act intended to insult the modesty of a woman:
(See section 79 of BNS 2023)
Classification of Offence:
Offence: Uttering any word or making any gesture intended to insult the modesty of a woman, etc.
Punishment :Simple imprisonment for 3 years with fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The woman whom it was intended to insult or whose privacy was intruded upon.
By Which Court Triable :Any Magistrate.
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Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exibits 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 :
Chhattisgarh :
After Section 509 of the Penal Code, the following shall be inserted, namely: —
509A. Sexual harassment by relative :
Whoever, beingrelated 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.
[VideChhattisgarh Act 25 of 2015, sec. 6].
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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).