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: Mere Body-Shaming Does Not Constitute Section 509 IPC Offence
A single-judge bench of the has ruled that allegations of body-shaming and insulting a woman's physical appearance, standing alone, do not satisfy the essential ingredients of . Justice S.R. Krishna Kumar quashed the complaint, FIR, charge sheet and all proceedings in C.C. No. 1060/2024 against two women accused, applying both a substantive analysis of the law and the with a co-accused.
The Incident and the FIR
The case originated from a complaint lodged on
, by a woman named Trisha G. She alleged that on the previous night, near the Chapter One Bar and Restaurant on New BEL Road in Bengaluru, two unidentified women and a man, apparently under the influence of alcohol, subjected her and a friend to verbal abuse. The abuse included fat-shaming, body-shaming, racist remarks, and vulgar language, causing
"severe trauma and deep pain."
The complainant noted the registration number of a Toyota Innova Hycross, which was traced to
The registered Crime No. 203/2023 under Section 509 IPC (word, gesture, or act intended to of a woman) against three accused: the two petitioners—Ms. Amrita M and Ms. Anita M—and one Ashish Jain. After investigation, a charge sheet was filed and the case was numbered as C.C. 1060/2024 before the .
The Co-Accused's Successful Challenge
Before the petitioners approached the High Court, the male accused, Ashish Jain, had filed Crl. P. No. 7232/2024 seeking quashing. On , this Court allowed his petition, holding that the complaint, FIR, charge sheet, and witness statements failed to disclose the commission of any offence under Section 509 IPC. The proceedings against him were quashed.
Arguments on Lack of Ingredients and Parity
Appearing for the petitioners, argued that the material on record—the complaint, the statements of the complainant and an eyewitness, and the mahazar—did not establish the mandatory elements required for an offence under Section 509 IPC. He further contended that since the allegations against his clients were identical to those against the already exonerated co-accused, they were entitled to the same relief on the ground of parity.
The State, represented by , opposed the petition. However, the second respondent (the de facto complainant) chose not to appear despite service of notice.
Court's Analysis: Body-Shaming Insufficient for Section 509
Justice Krishna Kumar began by extracting the text of Section 509:
"Whoever, intending to
of any woman, utters any word, makes any sound or gesture, or exhibits 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, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine."
The Court then scrutinized the entire record. It observed that the complaint made no mention of any act that could be said to be intended to
of the woman, as opposed to merely insulting or hurting her feelings through body-shaming remarks.
"A perusal of the complaint, FIR, charge sheet material including the statements of the complainant and the witnesses is sufficient to come to the conclusion that the same do not disclose or contain the necessary ingredients constituting the offence of Section 509 IPC,"
the Court held.
The key legal observation was emphatic:
"Having regard to the mandatory ingredients required to constitute an offence under Section 509 IPC, merely because the petitioners and accused No.3 are said to have body-shamed the complainant and insulted her about her physical appearance, it cannot be said that the material on record discloses the commission of the offence punishable under Section 509 IPC."
Applying the
Since the remaining allegations were identical to those already quashed against accused No. 3, the Court found it just and proper to extend the same relief.
"Apart from the fact that the material on record does not disclose the commission of an offence under Section 509 IPC by the petitioners, I am of the considered opinion that it would be just and proper to invoke / apply the
and quash the impugned proceedings insofar as the petitioners – accused Nos. 1 and 2 also,"
the order states.
The Final Order
Justice Krishna Kumar allowed the criminal petition and quashed the entire proceedings in C.C. No. 1060/2024 against Ms. Amrita M and Ms. Anita M. The FIR, complaint, and charge sheet emanating from Crime No. 203/2023 registered by were all set aside.
The ruling reinforces the principle that not every insult or rude remark directed at a woman attracts Section 509 IPC; the prosecution must establish a specific intention to insult her modesty, as distinct from mere body-shaming or verbal abuse. The case is a useful precedent for challenging similar FIRs that rely solely on hurtful words without the requisite legal .
