Noting that f**k off is a sexually coloured remark, Delhi Court upheld the sexual harassment charges against a man who allegedly threatened a woman in 2019 and also used abusive language against her.
In August, a Mahila Court framed charges against the accused under Section 354A (sexual harassment), Section 509 (word, gesture or act intended to insult the modesty of a woman) and Section 506 (punishment for criminal intimidation) of the Indian Penal Code.
Additional Sessions Judge Sanjay Sharma of Tis Hazari Court noted that “F**k off” is an American vulgar slang.
“The said word is an offensive word. In Indian society, schools or colleges, this word is not used to ask anyone to leave or go away. Moreover, given the facts and circumstances of the incident, it cannot be said that the petitioner was merely intending to ask the complainant to leave or go away,” Judge said.
The Court noted that the word is abusive, offensive and humiliating. The accused had also called the woman “Bazaaru Aurat”.
Upholding the charges against the accused, the Court observed that it doesn’t find any material illegality, irregularity or jurisdictional error in the impugned order.
“This court does not find any merit in the contention of Ld. Counsel for the petitioner that dictionary meaning of the said word is defined as to ‘leave or go away’. The said word is a ‘sexually coloured remark’,” the Court added.
The bench noted that there is a prima facie case that the man used the word in question with an intent to insult the modesty of the woman.
“The complainant has specifically stated that the petitioner asked her to shut up and sit in a corner. She has specifically stated that the petitioner alongwith other persons threatened her and her family and also threatened to throw them out of the house,” the bench stated.
