Citing a previous ruling, the court asserted that any word, sound, gesture, or object intended to intrude upon a woman’s privacy constitutes an offence under Section 509 of the IPC
GUWAHATI: The Kerala High Court has ruled that comments about a woman's body structure, describing it as “fine,” prima facie constitute a sexually coloured remark.
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According to a LiveLaw report, Justice A Badharudeen recently refused to quash the criminal proceedings against the petitioner, who made inappropriate remarks about the complainant's body while she was employed at the Kerala State Electricity Board. He allegedly commented that her "body structure was fine" and sent messages with sexual undertones to her mobile phone.
The accused contended that referring to someone’s body structure as “nice” does not amount to a sexually coloured remark under the cited legal provisions. However, the court disagreed, noting that such comments and actions could insult the modesty of a woman, as outlined in Section 509 of the IPC.
Citing a previous ruling, the court also asserted that any word, sound, gesture, or object intended to intrude upon a woman’s privacy constitutes an offence under this section. It dismissed the petitioner’s plea, allowing the trial to proceed.
Section 354A of the IPC categorises sexually coloured remarks as sexual harassment, while Section 509 addresses acts intended to insult the modesty of a woman. Additionally, Section 120 of the Kerala Police Act prescribes penalties for causing public nuisance and violating public order.
