J U D G M E N T

Index to the Judgment Factual Background ................................................................................... 3 Arguments Addressed Before This Court ............................................... 4 Law on Framing of Charge And Discharge ............................................ 5 Law of Section 509 of Indian Penal Code ................................................ 9 I. Section 509 of IPC ............................................................................. 9 Ii. Essential Ingredients of Section 509 of IPC .................................... 10 iii. Difference Between Section 354 And Section 509 of IPC .............. 11 iv. Judicial Precedents Apropos „Outraging The Modesty of A Woman‟ .................................................................................................. 12 The Test of Outraging Modesty of A Women ....................................... 16 i. Defining „Modesty‟ ......................................................................... 16 ii. Defining „Outrage‟ ........................................................................... 18 iii. Defining Outraging Modesty of A Women ..................................... 18 iv. Defining Intention In Context of Section 509 IPC .......................... 20 Analysis And Findings ............................................................................. 22 i. The Material on Record ................................................................... 22 ii. Sufficiency of Material To Attract Criminality Under Section 509 of IPC ...................................................................................................... 24 The Role of Courts While Dealing With Gender-Specific Laws:

Striking A Neutral Chord ....................................................................... 30 i. The Necessity For Court To Remain Gender Neutral While Adjudicating Even Gender Specific Offences ........................................ 32 Conclusion ................................................................................................ 33 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. 51656/2017 titled “State vs. Varun Bhatia”, arising out of FIR bearing no. 79/2015, registered at Police Station R.K. Puram, New Delhi under Section 509 of Indian Penal Code, 1860 („IPC‟).

FACTUAL BACKGROUND

2. The complainant in the present case had lodged a complaint with the police on 31.01.2015 wherein she had stated that she had been working with HDFC Life Insurance and that present accused was her superior officer. She had stated that for the work that she used to do in the course of her employment, she used to get incentives. It was alleged by the complainant that the accused always used to show his power and used to demand money from her, which she had given on some earlier occasions. It was alleged that on 31.01.2015, the accused had demanded money of Rs. 1000/- from her and when she had refused to give him the money and had told him that she would give it to him on some other day, the accused had asked her to show her purse and upon complainant‟s refusal to do so, the accused had used „Gandi Bhaasha‟ (bad language) against her. As alleged, the accused had also used the words „Gandi Aurat‟ against the complainant and had started quarreling with her after which the complainant had made a phone call on 100 number. It was also stated by her that she had given Rs.4000/- in the past to save her job and the accused had been harassing her for 6 months. On these allegations, the present FIR had been registered.

3. Thereafter, the statement of complainant was recorded under Section 164 Cr.P.C. before the learned Magistrate and after