KOCHI: Booking an offence under section 509 of the Indian Penal Code does not hold water if the victim is not a female, the Kerala High Court has held.
The court issued the order while quashing a criminal case against a youth who was booked under the section for sending messages to a minor boy using a language that was prurient in nature. The petitioner Pramod Yesodharan of Anchal, Kollam, had sought quashing of the case registered by the Pathanamthitta Police submitting the offence under IPC section 509 could not be attracted as the complainant was a boy. The court said the IPC section dealt with offences that outraged the modesty of a woman.
“If the person against who the act is committed is not a female, offence under section 509 of IPC will not be attracted. In this case, the victim is a minor boy aged 17 years. Hence, no successful prosecution can be sustained,” the order said.
The prosecution had submitted the petitioner sent several messages to the minor boy on Facebook from July 10, 2016, onwards, using objectionable language. The petitioner had also sent the boy images via social media, the prosecution alleged.