New Law On Lewd Comments In India

A recent incident highlights how existing legal provisions are being used to address this issue.

In July 2024, a man was booked by the Delhi Police for making offensive remarks online about the widow of a war hero. The National Commission for Women (NCW) took suo motu cognizance of the case and filed a complaint against the man.

The charges against him include:

• Section 79 of the Bharatiya Nyaya Sanhita (BNS), 2023: This provision, which is part of a recently implemented law, criminalizes words, gestures or acts intended to insult the modesty of a woman.
• Section 67 of the Information Technology Act, 2000: This existing law deals with publishing or transmitting obscene material in electronic form.

This case shows that existing legal tools can be used to address lewd comments, particularly online. The BNS, which came into effect this year, might be a more specific provision for such cases compared to the older IPC.

Section 79 of the Bharatiya Nyaya Sanhita (BNS), 2023

Words, gesture or act intended to insult the modesty of a woman

Penalty:

• Imprisonment for a term which may extend to three years, or
• Fine, or
• Both

Explanation:

For the purpose of this section, “woman” means any person of the female gender, whether adult or minor.

Case Law:

• In a recent case, the Supreme Court of India held that a man who makes lewd comments about a woman’s body, even if they are not made directly to her, can be punished under Section 79 of the BNS.
• The Court also held that the offence of outraging the modesty of a woman is not limited to physical acts, but can also be committed by words or gestures.

Additional Points:

• Section 79 of the BNS is a cognizable offence, which means that the police can investigate and arrest the accused without a warrant.
• The offence is also triable by a magistrate, which means that it can be tried in a lower court.