Bombay HC On Bank Official's Remark: Not Insult To Woman's Modesty But Disgraceful

In today's world, banks are not just to serve customers for depositing money and taking out loans. They have the pressure to sell insurance and other investment products to improve their financial performance. However, managers who reprimand staff for failing to cross-sell or achieve sales targets may find themselves in trouble. An assistant general manager at the State Bank of India found himself in legal trouble after an FIR was lodged against him for allegedly outraging a woman's modesty. He was booked because he told a woman clerk in the bank to persuade clients as she does her husband. However, during the hearing, the Bombay High Court gave relief to the accused, saying that there was no intention to insult her or to outrage her modesty.

The division bench of the court comprising Justice Anil Kilor and Pravin Patil quashed the FIR against the petitioner, Satyaswarup Meshram, however, the tension and trouble, the case had caused cannot be ignored.

It started with the FIR lodged against him on November 14, 2022, in District Bhandara, Maharashtra. The chargesheet was filed on June 16, 2023, against which he (the applicant) filed the case seeking quashing of the charge of 'outraging modesty'.

The woman clerk (complainant) alleged that Meshram was dissatisfied with her performance and told her that she should 'try to convince the customer as she convinced her husband'.

Court Observation

The court noted, "It appears that whatever words uttered by the applicant were for the better administration of the Bank, though said words can be said to be at the most disgraceful."

After hearing the arguments, the court said, "We have already observed that as far as incidents dated September 16, 2022, and August 28, 2022, are concerned, at the most it can be said that the words used are disgraceful. But, in any case, those cannot be considered as words insulting the modesty of the complainant."

Note that 'Outraging modesty' is a crime defined under Section 509 of the Indian Penal Code, 1860.

What Is Section 509 Of The Indian Penal Code?

Section 509 of the Indian Penal Code, 1860, becomes applicable for 'Word, gesture or act intended to insult the modesty of a woman'.

It reads, "Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine."

Court Order:

In this case, the court held that the words used were most disgraceful but there was no intention of disgracing her.

The court said, "In the circumstances, we are of the opinion that even if the allegations made in the First Information Report are taken on its face value, no offence constitutes as alleged under Section 509 of the Indian Penal Code."

The court considered the trial against the applicant for the incidents would be 'unjust and improper' and quashed the case.