Definition
This section preserves and updates the essence of IPC Sections 354 and 509, focusing on sexual harassment and offenses related to a woman’s modesty.
Main Focus of Section 79
This section punishes:
- Any act that outrages the modesty of a woman
- Words, gestures, or actions intended to insult a woman’s modesty
Two Main Parts of Section 79
1. Assault or Use of Criminal Force to Outrage Modesty
This involves a physical act, such as
- Groping
- Touching inappropriately
- Tearing or attempting to remove a woman’s clothes
- Any physical act that violates her dignity without consent
Punishment:
- Imprisonment: 1 to 5 years
- Fine: Yes
- Cognizable and non-bailable
2. Use of Words, Gestures, or Exhibition of Objects to Insult Modesty
This includes non-physical harassment, like
- Making sexually colored remarks
- Whistling, catcalling, or lewd gestures
- Showing obscene pictures or videos
- Sending vulgar messages (including online or via mobile)
- Peeping, making sounds, or gestures with sexual intent
Punishment:
- Imprisonment: Up to 3 years
- Fine: Yes
- Bailable
Purpose of Section 79
- To protect women from everyday harassment in both public and private spaces
- To recognize that non-physical acts also affect a woman’s dignity
- To provide legal remedies for victims of such behavior
Important Note:
The term “modesty” of a woman is not strictly defined in law. Courts interpret it as:
“The essence of a woman’s modesty is her feminine decency, dignity, and privacy.”
The term “modesty” of a woman is not strictly defined in law. Courts interpret it as:
“The essence of a woman’s modesty is her feminine decency, dignity, and privacy.”
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