Originally posted by boredtulan:
CHAPTER XXII
CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
Intentional insult with intent to provoke a breach of the
peace.
504. Whoever intentionally insults, and thereby gives provocation
to any person, intending or knowing it to be likely that such
provocation will cause him to break the public peace, or to commit
any other offence, shall be punished with imprisonment for a term
which may extend to 2 years, or with fine, or with both.
Word or gesture intended to insult the modesty of a woman.
509. 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, shall be punished with imprisonment for a
term which may extend to one year, or with fine, or with
both.
[/b]
K, so how do you really define this?
My "personal" peace was broken in the sense that this guy stops me
and blocks my way trying to give me a survey that i clearly
indicated i am not interested.
Since this guy also stops many other people which some of them are
unequally interested, so this "many other people" is the "public"
as mentioned in the Penal Code.
Since he is breaking "my" peace amongst the public's, i can use a
"self defence" of a reasonable force by really indicating him my
middle finger which i do not intend to break the public peace but
telling him strongly my dissent to him stopping me in a public
place.
As for outraging a woman's modesty. i am just showing a middle
finger which i have no intention of being lewd. Its a show of my
strong feeling against their persistance of soliciting a survey out
of me.
There is no intention of causing hurt or outrage of modesty. So in
this case i wouldn't have the pre-requisite mens rea?
hehe. just my thoughts.
