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DARLING Use For Unknown Woman Now A Criminal Offense, Sexual Harassment: Calcutta High Court

Calcutta High Court upholds the conviction of a man for calling a female police constable ‘darling’. The bench said ‘darling’ is a sexually coloured remark, penalised under IPC.

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‘DARLING’ Use For Unknown Woman Now A Criminal Offense, Sexual Harassment: Calcutta High Court | Image: representative image

Kolkata: Using the word “darling” for any unknown woman is offensive and would be a criminal offence under Sections 354A (outraging modesty of a woman) and 509 of the Indian Penal Code (IPC) said the Calcutta High Court. The observation was made at the High Court‘s Port Blair bench by single-judge Justice Jay Sengupta. He upheld the decision while upholding the conviction of Janak Ram. Ram had called a female police constable “darling” in an inebriated condition. Justice Sengupta stated that Section 354A which stands for outraging modesty of a woman penalises the use of sexual remarks.

Calling Unknown Woman ‘Darling’ Is Criminal Offence: What The Bench Said?

The bench noted that calling an unknown woman ‘darling’ by man in drunken or sober state is patently offensive. “Addressing an unknown lady, whether a police constable or not, on the street by a man, drunken or not, with the word ‘darling’ is patently offensive, and the word used is essentially a sexually coloured remark,” the bench said.

According to Justice Sengupta, currently, the standards of Indian society are not that a man can “gleefully be permitted” to use such words with respect to “unsuspecting, unacquainted women”.

Calling Unknown Woman ‘Darling’ Is Criminal Offence: Using The Word In Sober State Means More Punishment

The bench stated that if any man used such words when he was in a sober state, the “gravity of the offence would perhaps be even more”.

Calling Unknown Woman ‘Darling’ Is Criminal Offence: What Was The Case

Accused Janak Ram had asked the woman constable in a very indecent manner “kya darling, challan karne aayi hai kya? (Hi, darling, have you come to impose a fine?)”.




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