Recently, the Bombay High Court issued a landmark ruling, determining that direct insults directed at a woman via email or social media fall under the purview of Section 509 of the Indian Penal Code, 1860 (hereinafter, ‘IPC’).

This decision broadens the scope of the law to encompass modern digital communication methods.

The division bench comprising Justices Ajay Gadkari and Dr. Neela Gokhale observed that the term "utterance" in Section 509 of the Indian Penal Code, 1860, extends beyond spoken words to include written communications capable of insulting a woman’s modesty. This interpretation aligns with technological advances and societal changes, ensuring the law remains relevant in the digital era.

The ruling arose from a case involving Joseph De'Souza, who in 2009 sent derogatory emails to a female victim. These emails, containing offensive comments about the victim’s character and shared with other residents in their housing society, were deemed to fit within the scope of Section 509, despite being in written form rather than spoken.

The court emphasized that legal interpretations must evolve with current communication methods to protect individual dignity and ensure justice. The decision underscores that electronic insults are as significant as verbal ones and should be treated accordingly.

Additionally, the court upheld the application of Section 67 of the IT Act, 2000 in this case but dismissed charges under Section 354 of the IPC, which pertains to physical actions intended to outrage a woman’s modesty.

Case Title: Joseph Paul de Sousa v. Zinnia M. Khajotia & Ors.