Late Night WhatsApp 'I Like You' Texts To A Woman Amounts To Insulting Her Modesty : Mumbai High Court

Introduction

In a significant judgment reinforcing the protection of women's dignity in digital spaces, the Mumbai High Court has upheld the conviction of a man for sending unsolicited and inappropriate WhatsApp messages to a former cooperator, ruling that such actions constitute obscenity and insult the modesty of a woman under Indian law.

Background of the Case

In the present case the accused has sent a series of late-night WhatsApp messages between 11PM to 12:30AM to the complainant, including statements like 'Are you asleep' 'You are slim', 'You are looking very smart', 'You are very fair', 'My age is 40 years', 'Are you married or not?' and 'I like you' and some obscene messages were also sent from the said mobile number. These message were sent without any prior acquaintance or relationship between the two parties. The complainant a married woman and former cooperator, reported the matter with Dahisar Police Station by producing screen shots on the basis of which FIR No.46/2016 came to be registered, leading to the man's conviction by the court in 2022, which sentenced him to three months imprisonment and imposed a fine. The accused appealed the conviction, claiming false implication due to political rivalry, but the session court dismissed this defense, citing lack of evidence.¹

The Legal Issues

1. Whether unsolicited romantic WhatsApp messages can be an insult to a woman's modesty under Section 509 of the IPC (Section 79 of the BNS) and a violation of section 67 and 67A of the IT Act?
2. Whether such communication despite lacking vulgar or explicit content constitute sexual harassment?

Arguments of Defense

1. The defense argued that the WhatsApp messages like 'I like you' was innocuous and non-obscene and are neither sexually explicit. Therefore this contention of the complainant did not meet the criteria of violation of modesty of a woman under section 509 of the IPC.
2. No malicious intention: It was claimed that the accused did not have any intension to insult or harass the complainant and the messages were sent only to show his personal interest.
3. Later he also contented that the Vodafone mobile number from which the messages were sent is registered under his name however he was not the one who sent the messages.

Contentions of the Complainant

1. That the forensic analysis report submitted by her as an evidence established that the obscene message were sent from the respondent's mobile number.
2. The complainant asserts that no woman would falsely accuse someone especially when her dignity and reputation is at stake.

Courts Observation and Ruling²

The Mumbai High Court rejected the defense arguments that the WhatsApp messages were harmless or non-criminal and stated that 'No respectable married women or her family member would tolerate receiving such messages particularly when there's no relationship with the sender'.

The Court emphasized:

1. The Intent and the content matters: Even seemingly innocuous messages like 'I like you' when sent to an unknown person particularly a women without her consent can cause distress, discomfort or a sense of insecurity.
2. Modesty is a subjective and a personal space - The court reaffirmed that the 'Modesty' as envisaged in section 509 of IPC is not just about sexual purity but includes dignity and autonomy over one's personal space.
3. Digital Harassment is real - the Judgement underlined that the virtual space is an extension of public and private life. Sending unsolicited messages especially of a personal or romantic nature invades a women's mental peace and right to privacy.
4. Additionally the forensic analysis and the Vodafone report produced by the complainant confirmed that the messages originate from the accused's phone thus the forensic report and the accused's failure to provide any plausible explanation or defense in his favor explain as to who was the author sufficiently proves his involvement beyond reasonable doubt.

The court upheld the charges under section 509 of IPC stating that such acts are not trivial and can have serious emotional implication on the victim.

Implication of the Judgement²

The judgement marks a significant step in recognizing the psychological impact of sexual harassment, extending the interpretation of modesty and sexual harassment beyond physical interactions into the digital space. It establishes consent as the fundamental principle in all personal or romantic engagements, emphasizing that any advance no matter how mild must be has to be consensual; otherwise, it can be deemed offensive. Furthermore, the judgement strengthens the legal framework for women to take action against unsolicited messages and unwanted attention, providing them with greater judicial support and reinforcing their right to safety in digital communication.

Conclusion

The Mumbai High Court's ruling underscores, that in today's digital world, laws must evolve to address new forms of sexual harassment as well. The present judgement is a reminder that 'respect for personal boundaries' and 'consent' is non-negotiable whether in person or through a screen. By criminalizing unsolicited romantic overtures to unknown woman, the court sends a strong message about protecting women's dignity and upholding their constitutional rights of privacy and equality.

References:

• Section 509 Indian Penal Code, 1860
• Section 67 and 67A of the Information Technology Act, 2000
• https://www.livelaw.in/news-updates/sending-messages-you-look-smart-i-like-you-to-unknown-woman-amounts-to-insulting-her-modesty-mumbai-court-284541
• Appeal No.272 OF 2022

Surbhi Gandotra, Junior Associate Advocate at S.S.Rana & Co. has assisted in the research of this article.

Footnotes

1. https://equilibrioadvisory.s3.apsouth1.amazonaws.com/posh/orders_and_judgements/Narsingh+Gude+vs+State+of+Maharashtra.pdf

2. Cri. Appeal No.272 OF 2022

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