A Mumbai Sessions Court held that sending messages along the lines of "you are slim, look very smart and fair, I like you" to an unknown woman late at night shall amount to obscenity.
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A Session’s Court held recently that sending messages such as “you are slim, smart, and fair” to an unknown woman at night shall be considered as obscenity. These remarks are intrusive as well as unwelcome, resulting in violation of personal boundaries. This observation by the Session’s Court signifies the importance of respecting privacy of an individual as well as his or her consent while communicating. Compliments, unasked for, especially during such odd hours, may be deemed inappropriate and offensive.
Facts of the Case-
- The conviction of the complainant, who had been accused of sending obscene WhatsApp messages to a former corporator was upheld by the Session’s Court.
- He was convicted by the Magistrate Court in the year 2022 and was sentenced to an imprisonment for a period of three months. The decision of the Magistrate Court was challenged in the Sessions Court by him, where he implied that the charges were made against him as a result of political rivalry.
- However, the above argument was rejected by the Session’s Court as there was no evidence supporting such claim.
- The prosecution, on the other hand had successfully proved that the said obscene messages were indeed sent by the complainant, thereby leading to the affirmation of the judgement of the trial court by the Sessions Judge regarding the conviction and sentencing.
- The Court observed that “Nothing has been brought on record by the accused that there was any relationship between them, and concluded that the messages insulted the modesty of the woman involved.”
Laws related to Obscenity-
Obscenity in India, could be governed under the below mentioned legal provisions-
- Section 292 IPC:-Prohibition of the sale, distribution, or circulation of any obscene material.
- Section 354A IPC:-Deals with cases related to sexual harassment, which includes unwelcome and sexually intented comments.
- Section 509 IPC:-Words, gestures, or acts with an intention to insult a woman’s modesty are criminal acts.
- Section 67 IT Act:-The publication or transmission of any obscene material in electronic form is penalised.
The above mentioned provisions aim to protect the individuals from any offensive and intrusive messages.
For information regarding obscenity or cases related sexual harassments, you may contact us at Sharks of Law.
Our team of lawyers at Sharks of Law, with their years long experience in dealing with cases related to criminal laws, family laws, etc, could offer you appropriate legal counsel online or necessary assistance as per the facts of your cases.
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Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
