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Aug 3, 2024, 1:34:24 PM8/3/24

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Justice Jay Sengupta at the Calcutta high court on Friday held that the word "darling" had sexual connotations and the Indian society does not permit a man to "gleefully" use such expression to address "unacquainted women".

"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 judge noted, according to India Today.

The defence argued that the words used by Ram were intended as a joke and that the word "darling" was commonly used in Indian society without any sexual undertones. The defendant also claimed there was no proof of him being drunk during the incident.

The court found the use of the contentious word towards unknown women to be a criminal offence under Sections 354A (outraging modesty of a woman) and 509 (word, gesture or act intended to insult the modesty of a woman) of the IPC.

The Calcutta High Court has held that calling an unknown woman "darling" is offensive and would be a criminal offence under Sections 354A (outraging modesty of a woman) and 509 of the Indian Penal Code (IPC).

The single-judge Justice Jay Sengupta at the High Court's Port Blair bench made the observation while upholding the conviction of one Janak Ram who had called a woman constable "darling" in an inebriated condition.

Justice Sengupta said that as of now the standards of Indian society are not that a man can "gleefully be permitted" to use expressions such as the usage of the word 'darling' with respect to "unsuspecting, unacquainted women".

According to the prosecution's case, a police team comprising the woman constable and other personnel were moving towards Lall Tikrey to maintain law and order on the eve of Durga Puja. Upon arriving at Webi Junction, the police received information that a person was creating trouble in the area.

The police party detained the miscreant and took him to the police station, while the rest of the party, including the woman constable stayed back at the junction. When they decided to go under a streetlight in front of a shop as the place was dark, the appellant (Janak Ram) asked her the sexually coloured question.

Last year, the Judicial Magistrate, First Class at North and Middle Andaman, Mayabunder convicted Janak Ram for offences under Sections 354A(1)(iv) and 509 of IPC and sent him to a three-month jail and also directed him to pay a fine of Rs 500 for each of the two offences.

However, the High Court observed that Janak Ram did not "aggravate" the offence and stopped at uttering the offensive word only. Therefore, it reduced the lower court's three-month jail term to one month imprisonment.Published By: sharangee Published On: Mar 3, 2024ALSO READ Calcutta High Court absolves doctor accused of unlawful pregnancy terminationMust Watch

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