'F**K Off' Is Sexually Coloured Remark, Not Used In Indian Society To Ask Anyone To Leave: Delhi Court In Sexual Harassment Case

Observing that the word "f**K off" is a "sexually coloured" remark, a Delhi Court recently upheld sexual harassment charges against a man who had allegedly threatened a woman in 2019 and also used abusive language against her.

Besides telling the woman to "f**k off", the accused had also called her 'bazaru aurat'.

A Mahila Court in August framed charges against the accused under Sections 354A (sexual harassment), 509 (word, gesture or act intended to insult the modesty of a woman) and 506 (punishment for criminal intimidation) of the Indian Penal Code.

In the judgment on appeal against the framing of charges, Additional Sessions Judge Sanjay Sharma of Tis Hazari Courts said the said word is an "American vulgar slang".

"The said word is an offensive word. In Indian society, schools or colleges, this word is not used to ask anyone to leave or go away. 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," the judge said.

The court added that in ordinary sense, the word is abusive, offensive and humiliating.

The court thus upheld the charges framed against the accused, saying it does not find any material illegality, irregularity or jurisdictional error in the impugned order.

"This court does not find any merit in the contention of Ld. Counsel for the petitioner that dictionary meaning of the said word is defined as to 'leave or go away'. The said word is a 'sexually coloured remark'," it added.

The court further observed there is a prima facie case that the man used the word in question with an intent to insult the modesty of the woman.

"The complainant has specifically stated that the petitioner asked her to shut up and sit in a corner. She has specifically stated that the petitioner alongwith other persons threatened her and her family and also threatened to throw them out of the house," it said.

Prosecution Case

In the statement recorded under Section 164 of CrPC, the woman said that the man along with other persons in May 2019 entered her house and threatened her and her family to throw them out. The woman also alleged that he addressed her as "bazaru aurat". The prosecution argued there is sufficient material to proceed against the accused.

Defence Arguments

After the trial court framed charges against him, the man approached the sessions court. His counsel contended that he did not utter any word or made any gesture with the intention to insult modesty of the complainant.

The accused also denied the allegation that he had threatened the woman. Arguing that he did not make any "sexually coloured remark", his counsel submitted that he had merely asked the woman to leave the premises "by stating the word".

The counsel also cited Cambridge Dictionary meaning of 'f**k off' wherein it is defined as "…to leave or go away, used specially as a rude way of telling someone to go away.....".

It was also submitted that the word is generally used in society, colleges and universities.

However, Additional Public Prosecutor appearing for the State argued that the word is a "sexually coloured remark" which must be construed in its ordinary sense.

The prosecution also submitted that the woman complainant had specifically stated in her statement that the man had used the said word, shouted at her and also made her fear for her life.