Advocate Casting Aspersions On Woman's Character Upon Instructions From Client Is Discharging His Duty, Not Insulting Her Modesty: Bombay HC

The Bombay High Court recently held that an advocate, when casts aspersions upon a woman's character, on instructions from his client, is basically discharging his duty and thus cannot be booked for insulting the modesty of the woman punishable under section 79 of the Bharatiya Nyaya Sanhita 2023. In his defence, Patil contended that he had instructions by his client to make those allegations against the woman, who was one of the complainants in the case, in which Patil's client was arrested. "Since we find that there was no intention on part of the Petitioner to insult her modesty, as he was only discharging his duty of defending his clients in the remand proceedings and even if he had cast aspersions upon her character, since they were based on the instructions received from his clients, which has reference in the complaint made on-line and its receipt in the police station is not denied, we deem it appropriate to extend the privilege of an Advocate to the present Petitioner and more so, what we find is, the statement is not unconnected to the case, as it is the case of his client that by using the pressure tactics, they were being coerced to pay the money," reads the December 9, judgment authored by Justice Dangre. Notably, Patil's client had in March 2024, made an online complaint against the complainant woman in the instant case, accusing her of using her 'personal contact' with one of the cops and pressuring him to pay the alleged due amounts.