GUWAHATI: The Calcutta High Court has stated that calling an unknown woman 'darling' is offensive and falls under a sexually coloured remark according to the Indian Penal Code.
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In a case involving Janak Ram, who was convicted for addressing a lady police officer with such a remark while intoxicated, the court upheld the conviction.
The judge referred to the relevant sections of the law that penalise sexually coloured remarks.
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Single-judge Justice Jay Sengupta at the Port Blair bench upheld the conviction of Janak Ram (appellant/ convict) who after being apprehended in an inebriated condition, had asked a lady police officer (complainant) "kya darling, challan karne aayi hai kya?" (Hey darling, have you come to impose a fine?)".
Justice Sengupta referred to Section 354A (outraging modesty of a woman) and said that the provision penalises use of sexually coloured remarks.
"Addressing an unknown lady, whether a police constable or not, on the street by a man, drunken or not, with the word 'darling' is patently offensive and the word used is essentially a sexually coloured remark," the single-judge said.
The incident occurred when a police team apprehended a person causing trouble. Janak Ram, in front of a shop and under a street light, asked the lady police officer if she had come to impose a fine, using the term 'darling.'
The court acknowledged that there was no independent witness but found the evidence provided by the police personnel sufficient to support the prosecution's case.
"If this was done in a sobre state, the gravity of the offence would perhaps be even more," the Court said in response to the argument.
The court modified the punishment, considering that the appellant didn't escalate the offense beyond the offensive expression. Instead of the original three months' imprisonment, the court imposed a one-month sentence.
(With inputs from Bar & Bench)