Use of the term 'randi' - Directly attacks a woman's character and dignity - Falls within the ambit of Section 509 IPC

Delhi High Court Modifies Orders in Shashi Bala Case; Accused to Face Trial for Sexual Innuendo

News Report: In a pivotal judgment, the Delhi High Court, under the aegis of Dr. Swarana Kanta Sharma, J., has partially overturned previous orders from lower courts in the case of Shashi Bala vs. State Govt. of NCT of Delhi. The judgment, dated September 16, 2025, modifies the discharge of accused parties, specifically maintaining charges against one individual while upholding the discharge of others.

The case originates from an incident dated July 5, 2013, at a Delhi school where Shashi Bala, serving as Vice-Principal, alleged verbal abuse and indecent gestures by the school principal, Mr. K.P.S. Malik, and three other respondents. Initial complaints led to the framing of charges against Mr. Malik alone, while respondents Hari Kishan, Anand Kumar, and Rajinder Kumar were discharged by the Metropolitan Magistrate and the Additional Sessions Judge, citing insufficient evidence to meet the criteria of Section 509 IPC.

The High Court analyzed whether the language and actions alleged against the respondents met the statutory requirements for insulting the modesty of a woman under Section 509 IPC. In the judgment, it was noted that while the alleged remarks by Anand Kumar and Rajinder Kumar lacked the sexual connotation necessary to constitute an offence under Section 509 IPC, the term 'randi' used by Hari Kishan carried a significant sexual innuendo, attacking the character and dignity of the petitioner.

The court emphasized that the term 'randi' imputes unchastity and is laden with sexual innuendo, thus prima facie fitting within the ambit of Section 509 IPC. Consequently, the court ordered that charges against Hari Kishan under this provision be framed, allowing the trial to proceed. The discharge of Anand Kumar and Rajinder Kumar, however, was upheld due to the absence of evidence indicative of intent to insult the complainant's modesty.

This judgment serves as a critical interpretation of Section 509 IPC, highlighting the judiciary's stance on the nuanced understanding of terms that impugn a woman's sexual dignity. The decision is a reminder of the importance of context and specific language in determining the intent behind alleged offences against women.

Bottom Line:

Discharge of accused under Section 509 of IPC - Allegations and evidence must meet the essential ingredients of the provision - Mere abusive or derogatory language without sexual connotation does not constitute offence under Section 509 of IPC.

Statutory provision(s): Indian Penal Code, 1860 Section 509

Shashi Bala v. State Govt. of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2781306