S ection 354 IPC
Section 354 IPC
Section 354 of the Indian Penal Code deals with Outraging the modesty of a woman. It states whoever assaults or uses criminal force on any woman with the intention to outrage her modesty will be liable for punishment under this section. The term ‘modesty’ is not defined under this provision. As per the dictionary meaning, it refers to the propriety of dress, speech or conduct.
Essentials of section 354 of the indian penal code
There are some necessary elements to allege the commission of an offence under this Section:-
- The assaulted victim must be a woman.
- The intention to outrage the modesty of the woman must be there
- Criminal force should be used in pursuance of outraging the modesty of the woman.
Punishment under section 354- Imprisonment of one year which may extend to five years. The fine shall also be levied.
Nature of offence- Non- compoundable and Non-bailable.
Subsections of section 354 IPC
The four new subsections have been introduced by the Amendment Act of 2013 in order to broaden the scope of Section 354. The subsections are mentioned below:-
Section 354A- sexual assualt- It refers to the unwanted sexual gestures or statements. It also includes questions regarding the private parts of the body of a woman. The punishment for the same is three years of imprisonment or fine or both.
Punishment prescribed- 3 years of imprisonment or fine or both
Section 354B- Assault or the use of criminal force on the woman with the intention to disrobe her– If a man compels a woman to go naked is punished under this subsection. The accused must possess the knowledge at the time of doing this that it his act would amount to offend her modesty.
Punishment prescribed– 3-7 years of imprisonment and fine.
Section 354C- voyeurism– If the photograph of a woman is captured by a man with the intention of intruding into her privacy while is she is expecting total privacy during the time of doing such act, then such male is punishable under this section.
Punishment prescribed– 3 years of imprisonment, but 3-7 years of imprisonment on second violation.
Section 354D- stalking– When a male follows a female either physically or over the internet or through any electronic contact, then it is referred to as stalking. It is also known as ‘Eve teasing’.
Punishment prescribed– 3 years of imprisonment however on second violation, a punishment of 5 years can be prescribed.
Remedies that the accused can avail if wrongly charged
- If the accused believes that he has been wrongly charged under this section, then the said accused can file an application for anticipatory bail in the Sessions Court.
- If the application which is filed in the Sessions Court is rejected, then one can move to the High Court.
- If the police authorities are satisfied that the accused is innocent and a false case is registered against him, then the police can release the accused under Section 169 of the Criminal Procedure Code. Under this section the accused can be released with or without sureties.
Case laws-
‘Major singh vs the state of punjab, 1967 AIR 63 1966’ – The facts of the case were that the accused had assaulted a seven and a half years old female child. The Hon’ble Supreme Court held in this case that under the provision Section 354, there is no age restriction. Moreover, the consciousness of the female is not required.
‘Ram das vs state of west bengal, AIR 1954 SC 711’ – During the heat of an argument between two person, a man shoved a lady. The man was accused of looking at the girl with lusty eyes. He was acquitted by the Court of law because of the lack of evidence to show that he was intending to offend the modesty of the woman.
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