A seemingly short remark made to a woman in Delhi has led to a criminal conviction. A Delhi court has held that telling a woman, “Kaun se wale papa?” (Which father?), can amount to an insult to her modesty when spoken in the circumstances of the case. The case was heard by Judicial Magistrate Moksha Bains at Delhi’s Tis Hazari Courts. The incident dates back to March 23, 2021.
According to the complaint, the woman was walking outside her house with her three-year-old daughter. The child was crying when the woman told her, “Dekho papa aa gaye (Your father has come), don’t cry.” The accused allegedly responded immediately, “Kaun se wale papa aa gaye? (Which father has come?)” The woman initially ignored the comment.
Court Says Words Must Be Seen In Context
In its September 24 ruling, the court said the remark could not be viewed as an ordinary question when the circumstances were considered.
“This Court finds that the prosecution has proved beyond reasonable doubt that on March 23, 2021…accused…uttered the words ‘kaun se wale papa’ to complainant in the circumstances described above, intending that the same be heard by her and with the intention of insulting her modesty,” the court said.
The judge added, “Words cannot be evaluated in isolation from the circumstances in which they are spoken.”
The court noted that the woman was accompanied by her young daughter when the remark was made. According to the ruling, the statement suggested that there could be more than one man who could be called the child’s father. The court said this cast a question over the woman’s sexual propriety and fidelity.
Accused Admits Making The Remark
The accused did not deny saying the words. However, he claimed that there was no “ill intention” behind them. He did not present evidence in his defence. The court said his admission could not replace the prosecution’s duty to prove the case. However, it could be considered along with the woman’s testimony. The judge found that there was no surrounding circumstance that gave the remark an innocent meaning.
Court Clarifies Not Every Insult Is An Offence
The court also made an important distinction. It said that every rude or offensive statement made to a woman would not automatically amount to an offence. There must be a connection between the words and the woman’s modesty.
“In the present case, however…they carry a sexually derogatory insinuation concerning the complainant’s relationship with men and the paternity of her child,” the court said.
The court further observed that the remark went beyond a casual taunt and could affect the woman’s dignity and sense of decency.
Man Convicted Under Section 509 IPC
The court also considered the absence of an independent public witness. It said this did not create reasonable doubt because the woman herself was a direct witness and her testimony remained consistent on the key point. The accused had also admitted making the remark.
The court ultimately convicted him under Section 509 of the IPC, relating to words or gestures intended to insult the modesty of a woman. A separate hearing will now determine the quantum of sentence.
Sudeep Singh Rawat is a Copy Editor at NewsX Digital with over five years of experience in digital journalism. He covers national and international news, with a focus on politics, crime, technology, public affairs, and trending topics. Before joining NewsX Digital, he worked with Business Standard, The Sunday Guardian, and other digital media organisations. His reporting focuses on breaking news, enterprise stories, and explainers that inform readers through accurate, balanced, and context-driven journalism.
