Section 354 of the Indian Penal Code (IPC) deals with the offense of outraging a woman's modesty. It states that whoever assaults or uses criminal force on a woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of up to two years, or with fine, or with both.
Modesty, in this context, refers to the inherent sense of shame and shyness that a woman possesses, and which is considered an essential part of her nature. Outraging this modesty refers to any action that is likely to cause shame or embarrassment to a woman, or which tends to lower her dignity in the eyes of others. It includes acts such as physical assault, sexual harassment, and stalking.
The offense of outraging a woman's modesty is considered a serious crime in India, as it not only violates the personal dignity and autonomy of the victim, but also undermines the social status and respect that a woman is entitled to. The law recognizes that such offenses have a lasting impact on the victim, and aims to provide justice and reparation to her.
However, it is worth noting that section 354 IPC is often criticized for being vague and open to interpretation. It does not clearly define what constitutes modesty, or specify the types of acts that would qualify as outraging it. This has led to instances where the provision has been misused or applied selectively, leading to injustice and wrongful convictions.
In conclusion, while section 354 IPC is an important legal provision that aims to protect the dignity and modesty of women, it is also essential to ensure that it is applied fairly and reasonably, and that it does not become a tool for oppression or abuse of power.
Section 354 of IPC
As outlined, this provision has four safeguards for women, namely,Sexual harassment, Assault or use of criminal force to woman with intent to disrobe, Voyeurism, and Stalking. Procedure under the Code of Criminal Procedure, 1973 An offence under Section 354 of the IPC shall be a cognizable and a non-bailable offence that is triable by a magistrate of any class. Frequently Asked Questions FAQs When was Section 354 incorporated into the IPC? This section primarily deals with outraging the modesty of a woman. What is the Court that registers IPC Section-354 cases? The government must take sufficient efforts to ensure that crimes against women are reduced in society. The reaction of the woman is very relevant but certain acts are bound to be outrageous to the modesty of every woman such as touching on her posterior sexual organs etc. Keeping in mind, in the circumstances and deducing if the act was intended or most likely to be known to result in the outraging of the modesty of a woman. In the case of State v.
Section 354 of Indian Penal Code
Insults, cursing, or threats constitute verbal assault. This is an interesting case in this context. Here, A shall be punished under this Section if she satisfies other ingredients. Any man who watches, or captures the image of a woman engaging in a private act in circumstances observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall be either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine. Earlier, the maximum punishment was two years imprisonment and a fine. Such imprisonments are generally given for serious offences, whereas simple imprisonment is given for casual and petty offences.
