Kerala High Court quashed an obscenity case against a Motor Vehicle Inspector accused of filthy remarks, telling a woman to take a bath and cut her nails during a driving test, citing no offence under IPC.
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KERALA: In a ruling, the Kerala High Court quashed criminal proceedings against a Motor Vehicle Inspector accused of making offensive remarks to a woman during her driving test. The decision, delivered by Justice G. Girish in Anas Mohammed M v. State of Kerala, underscores the legal thresholds for offences under Sections 294(b) and 509 of the Indian Penal Code (IPC).
Background of the Case
The incident dates back to October 14, 2022, when a woman appeared for her driving test at Nedumangad, Thiruvananthapuram. During the test, the accused inspector, Anas Mohammed M, allegedly scolded her for not trimming her nails and made several insulting remarks. According to the complainant, he:
- Suggested his body might become septic due to her long nails.
- Asked if he should cut her nails himself.
- Commented that women who do not brush, bathe, or trim nails are “offspring of immoral ladies.”
- Called her “the daughter of an immoral lady.”
The woman lodged a complaint, and the police charged the inspector under Section 294(b) IPC (obscene acts or words in public) and Section 509 IPC (insulting the modesty of a woman).
Trial Court Proceedings
After the final police report was filed, the inspector sought discharge before the Judicial Magistrate Court-II, Nedumangad, arguing that the alleged words did not constitute the offences charged. However, the Magistrate dismissed his plea in October 2024, prompting him to file a revision petition before the High Court.
High Court’s Observations and Verdict
Justice G. Girish carefully analysed the applicability of both IPC sections,
On Section 294(b) IPC
- The alleged incident occurred inside a moving car during the driving test.
- The Court held that a private space inside a moving car cannot be considered a “public place” under Section 294(b).
- The remarks, while offensive, were not obscene in the legal sense, as they lacked any appeal to prurient interest or tendency to corrupt the hearer.
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On Section 509 IPC
- The essence of this offence is intent to insult the modesty of a woman, which typically involves words or acts capable of shocking her sense of decency and often having a sexual undertone.
- The Court found no evidence that the remarks carried a sexual colour or were meant to outrage modesty.
- Instead, the remarks appeared to be made in anger or frustration, not with criminal intent.
Citing the Supreme Court’s decision in Madhushree Datta v. State of Karnataka (2025), the Court reiterated that mere filthy language, without contextual indicators of intent to insult modesty, does not meet the threshold of Section 509 IPC.
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The Court allowed the revision petition, set aside the Magistrate’s order, and quashed all proceedings against the inspector.
Appearance:
Petitioner (driving inspector): Advocates A. Rajasimhan and Vyakhari KU
State: Senior public prosecutor Pushpalatha MK
Case Title:
Anas Mohammed M v State of Kerala
CRL.REV.PET NO. 344 OF 2025
READ ORDER HERE
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