• Query about section 509 IPC

The thing is my dad has an affair with a woman and has filed a divorce petition in court which my mother is contesting and I'm supporting her for the same. To get back at me my dad asked the lady his having an affair with to file a false complaint against me stating I called her a "prostitute and mocking laughed at her". How do I go about with the case and get done with it fast .
Asked in Criminal Law from Fatorda, Goa
Religion: Christian
1)there is no short cut . litigation is long drawn process

2) contact a local lawyer and contest the case

3) lady has to prove allegations made in complaint 
Ajay Sethi
Advocate, Mumbai
28583 Answers
1551 Consultations

5.0 on 5.0

1. If one is a prostitute then it is not an offence to call her one , but a woman does not become  a prostitute merely because she has an affair with a man who is married to another woman.

2. The onus to prove the allegations is on her. You should contest her case fittingly in the court.
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

5.0 on 5.0

it would fall within ambit of section 509 of IPC 509.

 Word, gesture or act intended to insult the modesty of a woman.—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 one year, or with fine, or with both.

2) in your defence you should deny allegation . mention that case has been filed by father girl friend as counter to your supporting your mother in divorce case filed by father 



Ajay Sethi
Advocate, Mumbai
28583 Answers
1551 Consultations

5.0 on 5.0

Sec 509 IPC relates to uttering any word or making any gesture intended to insult the modesty is woman. The punishment can be simple imprisonment for one year or fine or both. 
2. You may have to prove before the magistrate trying the case to prove that you are innocent and that the allegations are false & fabricated and give evidence of her illicit relationship with your father. 3.You should appoint a senio criminal lawyer of the area and take necessary steps to get exonerated from this charge,as you rightly remarked that Indian law is in favour of women. 
Sushil Jha
Advocate, Patna
193 Answers
2 Consultations

5.0 on 5.0

he thing is my dad has an affair with a woman and has filed a divorce petition in court which my mother is contesting and I'm supporting her for the same. To get back at me my dad asked the lady his having an affair with to file a false complaint against me stating I called her a "prostitute and mocking laughed at her". How do I go about with the case and get done with it fast .




If her complaint has been taken on record and any false case and FIR has been filed, then if it is non-bailable offence you may first obtain AB and then challenge the same in the court.

You cannot ask the court to expedite the case, it will  take its own time.
T Kalaiselvan
Advocate, Vellore
18770 Answers
176 Consultations

5.0 on 5.0

Does calling someone a prostitute come under the pretext of section 509 IPC ? I taught laws like 509 ipc were against sexual harassment against women. It's so unfortunate that women nowadays make use of such anti masculine laws to take revenge. The case is currently before the court for argument's before charge .What arguments can be made in this matter? 

You know that this is a foisted false case so you cannot do anything against the corrupted society.

The arguments for taking up the case to file or not might have been scheduled. 

You can wait for the outcome.
T Kalaiselvan
Advocate, Vellore
18770 Answers
176 Consultations

5.0 on 5.0

1) contradictory statements made by complainant will help your case

2) there are no witnesses mentioned by lady in the complaint 

3) you can during trial cross examine the lady about the incident and any witnesses
Ajay Sethi
Advocate, Mumbai
28583 Answers
1551 Consultations

5.0 on 5.0

If witnesses named in the complaint have already been examined by the police,and no other names have been given in the case before the Magistrate then it would not be possible for the OP to add fresh names of false witnesses at this stage. 
2.The woman's case although cognigence has been taken is very weak and you are likely to get relief from the Sessions Court. 
Sushil Jha
Advocate, Patna
193 Answers
2 Consultations

5.0 on 5.0

If she is producing false witnesses, then it will be beneficial to you during cross examination.

You can extract the facts during strong cross examination.

This is a matter of trial, hence wait.
T Kalaiselvan
Advocate, Vellore
18770 Answers
176 Consultations

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False witnesses are brought to the court by people to prove their case, but they have to pass the litmus test of cross-examination. 
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

5.0 on 5.0

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