Supreme Court upholds 18-month sentence of advocate Sanjay Rathore for insulting a woman judge in court, reinforcing judicial decorum and women’s safety.
Case in NewsThe Supreme Court refuses sentence cut for abusive lawyer in a case involving a woman judge’s dignity. |
Case Overview
Case Name :Sanjay Rathore vs. State (Govt. of NCT Delhi) and Anr. | SLP(Crl) No. 8930/2025
The Supreme Court bench comprising Justice PK Mishra and Justice Manmohan dismissed a plea to reduce the 18-month imprisonment of advocate Sanjay Rathore who was convicted for abusing a woman judicial officer during a court hearing . The bench stressed that such misconduct in court undermines the safety and dignity of women judges and the integrity of the justice system .
Key Aspects
Before presenting the legal issues, the Court made it clear that allowing such actions to go unpunished would severely discourage women judicial officers from performing their duties safely and confidently.
- Advocate Sanjay Rathore used vulgar, aggressive and abusive language towards a woman judge .
- The incident occurred in open court during a challan matter .
- A formal police complaint was filed by the presiding officer .
- The Trial Court sentenced Rathore to 18 months under Section 509 IPC and 3 months each under Sections 189 and 353 IPC .
- The High Court upheld the conviction but ordered sentences to run concurrently not consecutively .
Legal Insights
This case was prosecuted under the Indian Penal Code (IPC) and not under the Bharatiya Nyaya Sanhita (BNS). Key provisions invoked include :
- Section 509 IPC – Word/gesture/act intended to insult the modesty of a woman .
- Section 189 IPC – Threat of injury to a public servant .
- Section 353 IPC – Assault or criminal force to deter a public servant from duty .
- The Supreme Court also relied on institutional dignity and gender sensitivity standards in courtrooms .
Court’s Verdict
Refusing to show leniency the Supreme Court refused sentence cut for abusive lawyer stating that women officers must feel safe to perform their duties . The Court granted 2 weeks for surrender emphasizing that protecting the judiciary’s dignity especially of female judges, is paramount. The total sentence remains 18 months, out of which the petitioner has served over 5 months .
Source- Supreme Court of India
Read also – Bharatiya Nyaya Sanhita
