Section 509 IPC: Word, gesture or act intended to insult the modesty of a woman
Indian Penal Code, 1860
Section 509 IPC at a Glance
Section 509 IPC deals with word, gesture or act intended to insult the modesty of a woman. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 79 BNS.
Simple imprisonment for up to three years.
Section 509 IPC Bare Act Text
509. Word, gesture or act intended to insult the modesty of a woman
Whoever, intending to insult the modesty of any woman, utters any words, 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.
Source: Section 509, Indian Penal Code, 1860
Section 509 IPC in Simple Words
Section 509 of the Indian Penal Code (IPC) punishes any person who, intending to insult the modesty of a woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound be heard or gesture or object be seen by her, or who intrudes upon her privacy with that intent. The punishment is simple imprisonment for up to three years, and also with fine.
Ingredients of Section 509 IPC
- Intending to insult the modesty of any woman
- Uttering any words, making any sound or gesture, or exhibiting any object, with the intention that such words or sound be heard, or gesture or object be seen, by that woman
- Alternatively, intruding upon the privacy of that woman with the intention to insult her modesty
Punishment Under Section 509 IPC
Simple imprisonment for up to three years.
Fine as well as imprisonment. The court must impose both, and the section sets no limit on the amount.
Insulting the modesty of a woman by words, sounds, gestures, exhibiting objects or intruding upon her privacy is punishable with simple imprisonment for up to three years, and also with fine. The offence is cognizable, bailable, triable by any Magistrate, and compoundable by the woman without permission of the court.
Example of Section 509 IPC
When Section 509 IPC Does Not Apply
- Section 509 IPC does not apply when a person speaks, makes a sound or gesture, or displays an object without any intention to insult a woman's modesty.
- Section 509 IPC does not apply when the words or sounds are not intended to be heard by the woman, the gesture or object is not intended to be seen by her, and her privacy is not intruded upon.
- Section 509 IPC does not apply when an entry into a room or area occupied by a woman occurs by mistake or for a lawful purpose lacking any intent to insult her modesty.
Section 509 IPC in the BNS
Section 509 IPC is now covered under Section 79 BNS.
Section 509 IPC corresponds to Section 79 BNS. The BNS adds the phrase in any form after exhibits any object, and drops the word the before modesty in the section heading. The punishment of simple imprisonment up to three years and mandatory fine remains unchanged.
View detailed comparison (IPC 509 vs BNS 79) โFAQs on Section 509 IPC
What does Section 509 IPC punish?โผ
It punishes intending to insult the modesty of any woman by uttering any words, making any sound or gesture, exhibiting any object intending it to be heard or seen by her, or intruding upon her privacy, with simple imprisonment for a term which may extend to three years, and also with fine.
Is the fine under Section 509 IPC mandatory?โผ
Yes. The section uses the conjunction and also with fine, requiring the court to impose fine in addition to simple imprisonment upon conviction.
Does Section 509 IPC require physical contact?โผ
No. Section 509 IPC addresses verbal insults, obscene sounds, gestures, exhibition of objects, or intrusions into privacy without physical contact. Where assault or criminal force is used with intent to outrage her modesty, Section 354 IPC applies.
Is an offence under Section 509 IPC cognizable and bailable?โผ
Section 509 IPC is cognizable, meaning police may arrest without warrant, and it is bailable under the First Schedule to the CrPC.
Which court tries an offence under Section 509 IPC?โผ
Any Magistrate may try an offence under Section 509 IPC.
Can an offence under Section 509 IPC be compounded?โผ
Yes. Under Section 320(1) CrPC, the offence may be compounded without the permission of the court by the woman whom it was intended to insult or whose privacy was intruded upon.
Where is Section 509 IPC placed in the Bharatiya Nyaya Sanhita?โผ
It is placed in Section 79 BNS, in Chapter V, adding the phrase in any form after exhibits any object while preserving the same penalties.
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Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท