A court ruled that sending messages like “you are slim, smart, and fair” to an unknown woman at night constitutes obscenity. Such remarks can be intrusive and unwelcome, violating personal boundaries. The judgment highlights the importance of respecting privacy and consent in communication. Unsolicited compliments, especially at odd hours, may be deemed inappropriate and offensive.
A sessions court determined that sending messages such as “you are slim, look very smart and fair, I like you” to an unknown woman at night constitutes obscenity.
The Additional Sessions Judge (Dindoshi), D.G. Dhoble, made this ruling while upholding the conviction of a man who had sent obscene messages via WhatsApp to a former corporator.
The court emphasized that obscenity should be assessed from the viewpoint of an “average person applying contemporary community standards.”
The court noted that the messages, which included comments like “you are slim,” “you are looking very smart,” and inquiries about her marital status, were sent between 11 PM and 12:30 AM.
It highlighted that no married woman or her husband, particularly those who are “reputed and (former) corporators,” would tolerate such communications from someone they do not know.
The judge asserted,
“Nothing has been brought on record by the accused that there was any relationship between them, and concluded that the messages insulted the modesty of the woman involved.”
Previously, the accused was convicted by a magistrate court in 2022 and sentenced to three months in prison. He later appealed this decision, claiming he was falsely implicated due to political rivalry.
However, the court dismissed this argument, stating,
“Furthermore, no woman would stake her dignity implicating an accused in a false case.”
The prosecution successfully demonstrated that the accused sent obscene WhatsApp messages and images, leading the sessions judge to affirm the trial court’s conviction and sentencing.
Obscene messages are governed by various legal provisions in India. Key sections include:
- Section 292 IPC – Prohibits the sale, distribution, or circulation of obscene material.
- Section 354A IPC – Addresses sexual harassment, including unwelcome and sexually colored remarks.
- Section 509 IPC – Criminalizes words, gestures, or acts intended to insult a woman’s modesty.
- Section 67 IT Act – Penalizes the publication or transmission of obscene material in electronic form.
These laws aim to protect individuals from offensive and intrusive messages.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
