The Delhi High Court has upheld the acquittal of a man who was accused of insulting the modesty of a woman, ruling that the prosecution failed to establish its case beyond reasonable doubt.
Justice Amit Mahajan delivered the judgment on June 19 while hearing the state government’s appeal challenging a September 2017 verdict of the trial court, which had acquitted the accused of the charge under Section 509 of the Indian Penal Code (IPC). The provision penalizes words, gestures, or acts intended to insult the modesty of a woman.
“It is settled law that mere assertion of filthy language being used by the accused or indecent gestures being made by him are insufficient to constitute the offence under Section 509 of the IPC,” the court stated.
Relying on a recent 2025 Supreme Court decision, the judge emphasized that filthy language, when examined without context or additional specific conduct, does not fall within the scope of Section 509.
In the present case, the complainant had alleged that the accused used indecent words and gestures. However, the court noted the allegations were general in nature, with no specific details regarding the actual words used or gestures made that could demonstrate a clear criminal intent to insult the woman’s modesty.
Highlighting this evidentiary gap, Justice Mahajan concluded that there was no legal justification to interfere with the trial court’s acquittal. “The prosecution has failed to establish its case beyond a reasonable doubt,” the court held.
The High Court’s ruling reinforces the principle that criminal liability under Section 509 must be supported by concrete, specific evidence demonstrating both intent and conduct aimed at insulting a woman’s modesty.
