Unwanted Messages At Night To A Woman On Her Appearance Can Be Considered Obscene, Rules Court

The court emphasised that obscenity should be evaluated based on how an ‘average person, considering contemporary community standards,’ would perceive it. The ruling was issued on February 18, 2025.

Messages Like 'You Are Slim, Fair' To Unknown Woman Amount To Obscenity

A sessions court in Mumbai has ruled that sending unsolicited messages such as “you are slim,” “you look very smart and fair,” and “I like you” to an unfamiliar woman late at night constitutes obscenity under the law.

The verdict was delivered by Additional Sessions Judge (Dindoshi) DG Dhoble while upholding the conviction of a man accused of sending inappropriate WhatsApp messages to a former corporator. The court emphasised that obscenity should be assessed based on how an ‘average person, considering contemporary community standards,’ would perceive it.

According to the ruling issued on February 18, 2025, as per Live Law, the accused sent messages and pictures to the complainant between 11 pm and 12:30 am. These included comments like “you are slim,” “you are looking very smart,” “you are fair,” “my age is 40 years,” “are you married or not?” and “I like you.” The court observed that no married woman or her husband, particularly someone with a public reputation like a former corporator, would tolerate such messages and inappropriate photos from a stranger.

Unwanted Messages Violate Women’s Dignity

The court stressed that obscenity should be judged from the perspective of an average person, considering contemporary community standards. It further noted that no married woman, especially one with a public reputation like a former corporator, or her husband, would accept such unsolicited messages and inappropriate photos from a stranger.

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The court highlighted that the accused failed to present any evidence proving a prior relationship with the complainant. It also ruled that his messages and actions amounted to an insult to the modesty of a woman.

Initially, a magistrate court convicted the accused in 2022, sentencing him to three months in jail. He later appealed, claiming he was falsely accused due to political rivalry. However, the sessions court dismissed his defenc

e, stating there was no proof to support his claim. The court also underlined that no woman would risk her dignity by filing a false complaint.

As reported by Live Law, the court determined that the prosecution had effectively proven that the accused had sent obscene messages and images via WhatsApp. “Therefore, the accused is rightly convicted and sentenced by the trial court [magistrate],” the sessions judge stated, upholding the lower court’s ruling.

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