Harassed on the street? That can be a crime.

Myth or fact?

What people often think.

• Myth: He only passed remarks. The law cannot touch him.
• Fact: Words, sounds or gestures meant to insult a woman's modesty: up to 3 years, or fine up to Rs.500,000 (PPC s.509).

The law.

Section 509, PPC.

“Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman ...”

Pakistan Penal Code, 1860 · Section 509, Insulting modesty or causing sexual harassment

What counts.

Section 509, clause (i).

• Words or soundsMeant to be heard by her.
• Gestures or objectsMeant to be seen by her.
• Her privacyIntruding on it.

Not only on the street.

Explanation 1, section 509.

• Public placesMarkets, public transport, streets, parks.
• Private placesWorkplaces, private gatherings, homes.

The punishment.

Section 509, PPC.

• PrisonUp to 3 years.
• Or a fineUp to Rs.500,000.
• Or bothThe court can order both.

Obscene acts in public.

Section 294, PPC.

• The actAn obscene act in a public place, to others' annoyance.
• The wordsObscene songs or words in or near a public place.
• The termUp to 3 months, or fine, or both.

Quick quiz. The bus stop.

Guess first, then swipe for the answer.

• A. Yes, at once
• B. No, a warrant is needed
• C. Only if she is hurt

Answer: B. Schedule II, CrPC.

And section 155, CrPC.

• s.509Shall not arrest without a warrant.
• At the stationPolice record it and refer it to the Magistrate.
• InvestigationOnly on a Magistrate's order (s.155(2)).

How each runs.

Schedule II, CrPC.

• s.509Bailable. Compoundable with the court's permission. Magistrate of the first class.
• s.294Arrest without warrant. Not bailable. Any Judicial Magistrate.

Public means public.

Federal Shariat Court, Crl. Appeal 32-I of 2012, 30 Apr 2013.

• The factsA spot in a mountain area.
• The holdingNot abandoned, and open to the public, so a public place.
• The resultThe s.294 conviction stood.

It happened to you?

Three steps, in this order.

• Note itTime, place, witnesses, any video.
• Report itAt the police station, for the Magistrate.
• Or go to courtA private complaint to the Magistrate.

Not sure?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• A man follows my sister from college and passes remarks every day. What can we do?
• What is the punishment under section 509 PPC?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 509
  Insulting modesty or causing sexual harassment Pakistan Code