Sexting in consensual relationship does not amount to insulting modesty: Mumbai court
Judge DD Khoche observed that the accused had sent the messages to the woman, who had not objected at the time and had indicated her wish to marry him.
FollowA Mumbai court concluded on Monday that sending sexually explicit messages to a lady whom the accused was going to marry and who had not complained at the time did not constitute insulting her modesty under Section 509 of the Indian Penal Code. Judge DD Khoche observed that the accused had sent the messages to the woman, who had not objected at the time and had indicated her wish to marry him.
The Court observed that such writings at a premarital era might please the other. It said that those messages would make them happy and offer the impression that someone is getting closer to them to comprehend their emotions. Jignesh Chandulal Vyas, the accused, was arrested in 2010 for violating the Indian Penal Code Sections 376 (rape), 509 (outraging modesty), and 420 (cheating).
The case concerns a lady who met the accused on a matrimonial website in 2007 and attempted to marry him despite resistance from the accused's mother, who opposed the relationship. The complaint woman remained steadfast and began living with the accused. Eventually, there were disagreements between the accused and the complainant, and the marriage could not occur. Following that, she attempted to call the accused on his cellphone, but it was turned off. When called on the office phone, he informed her that he was not at the office through others. The woman filed a complaint against the accused after feeling duped.
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He was first charged with insulting a woman's modesty under Section 509 IPC and deceiving under Section 420 IPC, in addition to violating the Dowry Prohibition Act. Following that, rape allegations was added because the man had sexual contact with the lady while falsely claiming to be married.
