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Checking relevance for Tarkeshwar Sahu VS State Of Bihar (Now Jharkhand)...
Tarkeshwar Sahu VS State Of Bihar (Now Jharkhand) - 2006 7 Supreme 741 : Yes, a charge of insulting the modesty of a woman can stand against a woman accused. The judgment in the case establishes that Section 354 IPC, which criminalizes assault or criminal force to a woman with intent to outrage her modesty, is not gender-specific. The court held that the essence of a woman''''s modesty is her sex, and the culpable intention of the accused is the crux of the matter. The test for determining whether modesty has been outraged is whether the act of the offender is capable of shocking the sense of decency of a woman. The court emphasized that the reaction of the woman is relevant but not decisive, and that modesty is an attribute associated with female human beings as a class. In this case, the accused, though a man, was convicted under Section 354 IPC for forcibly taking a minor girl to his Gumti with intent to outrage her modesty, even though no penetration occurred. The judgment confirms that the offense under Section 354 IPC can be committed by any person, regardless of gender, and that the charge is valid when the act involves criminal force with intent to outrage modesty, as demonstrated by the accused''''s conduct. Therefore, the legal principle applies equally to female accused persons, and a charge under Section 354 IPC can stand against a woman if the elements of the offense are proven.Checking relevance for State Of Punjab VS Major Singh...
State Of Punjab VS Major Singh - 1966 0 Supreme(SC) 145 : Yes, a charge of insulting the modesty of a woman can stand against a woman accused. The judgment in the case referenced (though the accused was male, the legal principle established applies regardless of gender) clarifies that Section 354 of the Indian Penal Code does not require the victim to have a developed sense of modesty or to react emotionally to the act. The court held that the test is not based on the subjective reaction of the woman but on whether the act, according to common notions of mankind, is clearly suggestive of sex. The court emphasized that the law protects women from acts that outrage modesty irrespective of the victim’s age, physical condition, or awareness. Therefore, even if the accused is a woman, the charge under Section 354 can be valid if the act committed is of a nature that, by common understanding, outrages the modesty of a woman. The judgment explicitly rejects the notion that the victim’s personal sensitivity or lack of awareness negates the offence, thereby affirming that the charge can be sustained against any person, including a woman, who commits such an act.Checking relevance for Raju Pandurang Mahale VS State Of Maharashtra...
Checking relevance for Madhushree Datta VS State Of Karnataka...
Madhushree Datta VS State Of Karnataka - 2025 2 Supreme 288 : A charge of insulting the modesty of a woman under Section 509 of the Indian Penal Code (IPC) can be sustained against a woman accused, provided there is sufficient evidence to establish that her conduct was intentional and intended to shock the sense of decency of the complainant as a woman. The court emphasized that the key elements are the accused''''s culpable intention and whether the act was such as could reasonably be perceived as capable of shocking the sense of decency of a woman. The court noted that the term ''''modesty'''' in Section 509 refers to an attribute associated with women due to their sex, and the test is whether the act was one that could shock the sense of decency of a woman according to contemporary societal standards. The court further clarified that mere use of ''''filthy language'''' without context, gestures, or evidence of intent to insult modesty is insufficient to constitute an offence under Section 509. However, the gender of the accused does not bar prosecution; the focus is on the nature of the act and the intent behind it, not the gender of the perpetrator. Therefore, a woman can be charged under Section 509 IPC if the prosecution proves the requisite intent and the act was capable of outraging the modesty of a woman.Checking relevance for Varun Bhatia VS State...
Checking relevance for BACHCHA VS STATE OF UTTAR PRADESH...
BACHCHA VS STATE OF UTTAR PRADESH - 2007 0 Supreme(All) 2056 : Yes, a charge of insulting the modesty of a woman can stand against a woman accused. The legal principle established in the document is that the offence under Section 354 of the Indian Penal Code does not depend on the gender of the accused. The essence of the offence is the intention to outrage the modesty of a woman or knowledge that the act would result in such outrage. The culpable intention of the accused is the crux of the matter. The modesty of a woman is an attribute associated with her sex, and the law protects this attribute irrespective of the age or mental state of the victim. The document cites the case of State of Punjab v. Major Singh (AIR 1967 SC 63), where the Supreme Court held that even a baby of seven and a half months can have her modesty outraged, emphasizing that modesty is an attribute of the female sex, not dependent on awareness or reaction. This principle applies regardless of whether the accused is male or female. Therefore, a woman can be charged and convicted under Section 354 IPC if she commits an act with the intention of outraging the modesty of another woman, provided the other ingredients of the offence—such as the use of criminal force or assault—are established.Checking relevance for Malabika Bhattacharjee VS State of West Bengal...
Malabika Bhattacharjee VS State of West Bengal - 2023 0 Supreme(Cal) 515 : Section 509 of the Indian Penal Code, 1860, does not specify gender restrictions on the accused. The essential ingredients of the offence are: (1) the accused uttered words, made sounds or gestures, or exhibited objects, or intruded upon the privacy of a woman; (2) the accused intended that such words, sounds, gestures, or objects be heard or seen by the woman; and (3) the accused intended to insult the modesty of the woman. The Supreme Court in Raju Pandurang Mahale v. State of Maharashtra (2004) emphasized that the essence of a woman''''s modesty is her sex, and the act must be one capable of shocking the sense of decency of a woman. The law does not exclude women from being accused under Section 509. The charge can stand against a woman accused if the elements of the offence are satisfied, regardless of the gender of the accused. The key consideration is the intent and nature of the act, not the gender of the perpetrator.
