JUDGMENT

Index to the Judgment

Factual Background

Arguments Addressed Before This Court

Law on Framing of Charge And Discharge

Law of Section 509 of Indian Penal Code

i. Section 509 of IPC

ii. Essential Ingredients of Section 509 of IPC

iii. Difference Between Section 354 And Section 509 of IPC

iv. Judicial Precedents Apropos `Outraging The Modesty of A Woman

The Test of Outraging Modesty of A Women

i. Defining `Modesty'

ii. Defining `Outrage'

iii. Defining Outraging Modesty of A Women

iv. Defining Intention In Context of Section 509 IPC

Analysis And Findings

i. The Material on Record

ii. Sufficiency of Material To Attract Criminality Under Section 509 of IPC

The Role of Courts While Dealing With Gender-Specific Laws:

Striking A Neutral Chord

i. The Necessity For Court To Remain Gender Neutral While

Adjudicating Even Gender Specific Offences

Conclusion

Swarana Kanta Sharma, J.

1. The instant petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking setting aside of impugned order dated 05.07.2018 passed by learned Metropolitan Magistrate-05, Patiala House Courts, New Delhi (`Trial Court') in Criminal case no. 51656