Legal Question in Criminal Law in India

My friend was in a relationship with his girlfriend. The girlfriend made fun of his appearance and low income after a fight and my friend passed a lewd, sexual comment against her in anger and revenge. My friend has apologized for passing the sexual comment in anger but the ex-girlfriend is not willing to forgive him. They did not engage in any sexual intercourse.

Can my friend be prosecuted under Section 509 IPC despite provocation from his ex-girlfriend?

Under what sections can my friend be prosecuted since his ex-girlfriend threatened to drag him to court?

Under what sections can the ex-girlfriend be prosecuted?


Asked on 10/25/22, 3:09 am

3 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Yes your friend can be prosecuted u/s 509 and also u/s 323 IPC. If the girlfriend has not forgiven him then the trial will go on, where it will be very difficult for her to prove the charges against you beyond reasonable doubt. However he would be liable for breach of contract if he is not a Hindu by faith. The girlfriend could be tried for 323 IPC.

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Answered on 10/26/22, 7:28 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Please follow the following link

https://www.lawguru.com/answers/answer/show/981520444

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Answered on 10/26/22, 7:31 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Please Ignore the previous reply w.r.t following of the link

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Answered on 10/26/22, 7:38 am


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