'F**k off' is offensive, sexually coloured phase and not used in Indian society: Delhi court in abuse case
The accused challenged the order, saying "f**k off" is not a sexually coloured remark, adding that he had used the phrase only to ask the woman to leave the premises. He contended that the meaning of the phrase is defined in Cambridge Dictionary (UK) as "…to leave or go away".
FollowA Delhi court has held the phrase "f**k off" a sexually coloured and can invite prosecution for outraging the modesty of an individual, calling it a "vulgar, offensive American slang" that it is not used in Indian society, schools or colleges to ask anyone to leave.
This ruling by the court has come while upholding the charges framed against a man for allegedly outraging a woman's modesty by using the phrase and threatening her in 2019.
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According to the First Information Report (FIR), the accused had abused the woman on May 9, 2015, at her house, also calling her a "bazaru aurat". On August 20, a magistrate's court had framed charges against the accused under various sections of the Indian Penal Code, including 509 (outraging a woman's modesty) and 506 (criminal intimidation).
The accused challenged the order, saying "f**k off" is not a sexually coloured remark, adding that he had used the phrase only to ask the woman to leave the premises. He contended that the meaning of the phrase is defined in Cambridge Dictionary (UK) as "…to leave or go away, used specially as a rude way of telling someone to go away..."
The accused's counsel had also contended that the phase is generally used in society, colleges and universities.
However, on October 29, additional sessions judge Sanjay Sharma had rejected the plea. "Moreover, given the facts and circumstances of the incident, it cannot be said that the petitioner was merely intending to ask the complainant to leave or go away. In ordinary sense, the said word is abusive, offensive and humiliating. This Court does not find any merit in the contention of counsel for the petitioner that the dictionary meaning of the word is defined as 'to leave or go away'. The said word is a 'sexually coloured remark'."
"She has specifically stated that the petitioner along with other persons threatened her and her family and also threatened to throw them out of the house. There is sufficient ground for proceeding against the petitioner for offences under Section 354A/509 and 506 IPC," the court said.
