Karnataka High Court Quashes FIR Against BJP Leader Over Outraging Woman's Modesty, Says Remarks Were Not Made Against Complainant

The Karnataka High Court has quashed a criminal case against former BJP MLA Sanjay Patil over a remark allegedly made against then Women and Child Welfare Minister during the Lok Sabha campaign for the Belagavi constituency in 2024.

It held that a Congress worker who merely heard the remark was not an “aggrieved person”, and that the statement did not satisfy the ingredients of Section 509 of the Indian Penal Code (IPC).

“Admittedly, the complainant is not the person against whom the specific statement is made. Therefore, the complainant cannot become an aggrieved person as she has only heard such alleged filthy statement made by the petitioner against her party leader and the statement so alleged cannot become the ingredients of the offence under Section 509 of the IPC,” Justice M. Nagaprasanna said while allowing the petition filed under Section 482 CrPC.

For context, Section 509 of the IPC pertains to the offence of insulting the modesty of a woman using words, gestures or by any other act.

Referring to the Supreme Court ruling in Madhushree Datta vs. State (2025), the High Court said, “The Apex Court holds that Section 509 of the IPC cannot be invoked when there is no specific word uttered or hurled against a particular person. Therefore, in the light of the afore-quoted judgment of the Apex Court and considering the facts of the case, the statement made by the petitioner cannot be considered as filthy language and the complainant is not the aggrieved person. The complainant has not heard any abuses against her, much less for it to become an ingredient under Section 509 of the IPC.”

Observing that permitting investigation in absence of the ingredients required to constitute the offence would result in miscarriage of justice, the High Court quashed the criminal case against the petitioner.

Background

The case arose from an FIR registered under IPC's Section 509 (Word, gesture or act intended to insult the modesty of a woman) based on a complaint filed on April 16, 2024, by a Congress party worker.

According to the complaint, during an election campaign rally for the Belagavi Lok Sabha constituency, Nadaf heard former BJP MLA Sanjay Patil say “Akka will have to sleep today by taking sleeping pills or an extra peg”. This, according to the complainant, was derogatory to then minister for Women and Child Welfare, Karnataka.

Aggrieved by the registration of the FIR, Patil approached the High Court seeking to have the proceedings against him quashed.