'Convince customer as you convince hubby' remark no insult to woman's modesty: HC

Nagpur: In an important ruling on workplace conduct and criminal liability, Nagpur bench of the Bombay high court recently quashed chargesheet filed against a senior State Bank of India (SBI) official for allegedly making an "objectionable" comment to a female colleague. The court held that the remark — "Convince the customer as you convince your husband" — though inappropriate, did not amount to insulting a woman's modesty under Section 509 of the Indian Penal Code (IPC).

"Considering the purpose of the review meeting between the complainant-woman and petitioner on August 11, 2021, and reasons to utter such words at that time do not show any intention of the applicant to insult the modesty of the complainant. Particularly, when the object and purpose of such conversation of the petitioner with the woman was to see that her performance should be improved while performing official duties," a division bench of Justices Anil Kilor and Pravin Patil said.

The bench observed that the statement, made by SBI assistant general manager during a staff performance review meeting, lacked criminal intent necessary to prosecute under Section 509 IPC, which deals with words, gestures, or acts intended to insult the modesty of a woman.

"The statement is undoubtedly disgraceful and in poor taste," the court remarked in its order. "...But considering the purpose and setting of the meeting, it does not appear that the petitioner intended to insult the modesty of the complainant. There is no material on record to show the statement was made with deliberate intent or knowledge to outrage her modesty," the judges said.

The complainant, a senior clerk at SBI's Bhandara branch, had registered an FIR on November 14, 2022 — over 15 months after the incident. She cited the August 2021 remark along with two subsequent alleged instances of misconduct — one in August and another in September 2022 — to support her claim of workplace harassment.

While arguing for quashing of the chargesheet, the petitioner's counsel AP Modak contended that legal ingredients of Section 509 were not satisfied. He emphasised that the statement was made in a professional context and lacked requisite criminal intent needed to sustain prosecution.

Opposing the plea, additional public prosecutor Mayuri Deshmukh and complainant's counsel advocate Ayushi Dangre maintained that language used was suggestive and amounted to verbal sexual harassment, warranting a trial.

The court, however, disagreed and held that allowing prosecution in this case would amount to abuse of the legal process. It emphasised that criminal law should not be lightly invoked in matters that, though possibly requiring internal disciplinary action, do not meet the threshold for criminal culpability.

"Every inappropriate or unprofessional comment, while regrettable, does not necessarily translate into criminal intent," the bench added, underlining the need to distinguish between workplace misconduct and punishable offences under the IPC.

Key Takeaways

- Statement ‘Convince the customer as you convince your husband' was made during staff meeting

- Court held the remark, though inappropriate, lacked criminal intent to insult modesty

- FIR was filed over a year later by the complainant, a senior clerk with SBI

- Court said continuing prosecution would amount to abuse of legal process

- Workplace misconduct doesn't always amount to criminal offence under IPC