Chapter XVI of the Indian legal code deals with offences touching the shape
below the aforementioned Chapter, Sections 349 to 374 square measure concerning
offences committed victimisation criminal force and assault. Section 354
provides for Associate in Nursing offence that is committed against lady by
victimisation assault or criminal force to outrage the modesty of girls.
The offence below section 354 is alleged to be accepted if the subsequent
necessities measure are present within the act committed:
- Use of assault or criminal force against a lady
- Intention to outrage the modesty of that lady.
- United Nations agency is taken into account as a lady below this
Section 10 of IPC defines the term �woman' as a feminine person of any age.
Therefore, the offences below Section 354 are often committed against lady of
The law (Section 354 IPC) makes it a special crime to use force against a lady,
or maybe threaten to use force, if the intention is to 'outrage her modesty'. It
treats it additional seriously than traditional and criminal force by permitting
the police to form arrests for such crimes while not a warrant. The law doesn't
make a case for what 'outraging modesty' suggests that. Courts sometimes build
this determination by watching all circumstances close the incident.
Court stated 'modesty' as female decency and a virtue that girls possess as a
result of their sex. The penalization is jail time of between one and 5 years at
the side of a fine. Important: it's not enough that the victim's modesty is
angry. It associates degree offence only if the suspect supposed or knew it to
be probably that the acts in question would outrage the victim's modesty.
Even amidst the covid-19 imprisonment, crimes against are reportedly increasing.
Force has inflated manifold and a number of other atrocious crimes against
ladies are being committed at identical pace. Therefore, the case with the
security of ladies doesn't appear to possess modified abundant, despite a curfew
being in situ.
On the eighteenth of could, a 47-year-old man was reserved for
allegedly molesting a young adult woman and simply 5 days previous, on the
thirteenth of could, a case was registered below section 354 of the IPC against
the father figure of a woman whom he allegedly abused . Therefore, instances of
molestation or in alternative words, instances of a woman's modesty being
incensed are being rumored ever additional.
Definition of modesty:
Section 354 of the IPC, 1860 deals with associate degree assault or criminal
force to lady with associate degree intent to outrage her modesty. Until 2007,
there was an excellent deal of ambiguity on what implanted a lady's modesty and
diverse speculations regarding the definition of modesty of a girl were gift.
Several cases were determined whereas not an exact definition of a woman's
However, the Supreme Court in inside the case of Ramkripal v. State of
, printed modesty by giving birth down that the �essence of a
woman's modesty is her sex'. Therefore, associate degree crime against women
that falls wanting penetration would represent an offence beneath section 354 of
the IPC, increasing the reach of crimes falling beneath this section.
been extra command inside the judgement that the word �modesty' is not to be
understood with relation to a particular victim of associate degree act, but as
associate degree attribute associated with female person who reflects a
particular class. Therefore, modesty is regarding a female individual of any age
with differing degrees of what would represent modesty at a given age of a
These cluster of words can usually be substituted with molestation which
suggests to force physical and usually sexual contact on someone and to make
unwanted or improper sexual advances towards someone and a female of any age is
Section 351 of the IPC, 1860 lays down what constitutes associate assault. The
section states that:
Whoever makes any gesture, or any preparation intending or knowing it to be
attainable that such gesture or preparation will cause someone gift to apprehend
that he UN agency makes that gesture or preparation is on the brink of use
criminal force to that person, is speculated to commit associate assault.
Whereas section 350 defines criminal force as a result of the
intentional use of force to cause injury, concern or annoyance to the person
whom such force is used. It's to be noted here that existence of associate
intention associated information is that the most ingredient for associate
degree offence to be section 354 of the IPC. Therefore, if someone unknowingly
or accidentally commits against the law which could be the extent of the
section, he cannot be command liable.
Moreover, absence of reaction or revenge
from the victim is not a determinative to absolve the litigant of his liability.
An extra section of the IPC, section 509 deals with words, gestures or acts
speculated to insult the modesty of a woman. Offences of a less severe degree as
compared with section 354 are often the extent of this section. This section is
in addition commonly spoken as a result of the �eve-teasing section' and finds
its place to a lower place chapter XXII of the IPC that deals with offences of
criminal intimidation, insult and annoyance.
The foremost distinction on
sections 509 and section 354 of the IPC is that, once associate act goes on the
so much facet inflicting insult to the modesty of a woman, with a clear threat
of physical hurt to the lady that in addition shocks the sense of modesty, such
associate offence is addressed by section 354 and therefore, offences to a
lower place section 354 are extra serious in nature as compared with those
falling to a lower place section 509 of the IPC.
Therefore, the salient choices of associate offence falling below Section 354
of the IPC, 1860 are as follows:
- An act or omission ought to are committed against a woman.
- The litigant ought to have abused or used criminal force against the
- There ought to be associate intention on the a part of the litigant to
outrage the modesty of the woman or associate degree data that such
associate act would outrage her modesty.
- Absence of reaction or revenge from the victim is not a determiner to
absolve the litigant of his liability.
- A female of any age, at the side of associate are going to be slapped
and such acts comprise the scope of this section. Although, the degree of
modesty related to infant differs from the degree of modesty associate
feminine possesses, the severity of the act and intention/knowledge of the
litigant ought to lean the utmost thought and not the state of mind of the
- A person committing associate offence below this section is accountable
for associate imprisonment of either description for a quantity of one to
five years, and is in addition in danger of pay a fine. The victim is
entitled to compensation.
- An offence below this section is cognoscible, non-bailable and
triable by any soul.
- The essence of a woman's modesty is her sex.
State of Punjab v. Major Singh, AIR 1967 SC 63:In this case, the suspect interfered with the epithelial duct of a seven and
half month-old kid and was tried beneath section 354 of the IPC. The Patna and
Haryana high courts command that the modesty of the victim couldn't be angry
because the victim was of a young age. However, in associate degree
attractiveness to the Supreme Court, the apex court command that data or
intention on the part of the suspect is that the causal factor associate degreed
not the sentiments of the lady against whom such an act is committed. Moreover,
wherever such associate degree intention or data has not been proved , the proof
of the actual fact that the lady felt her modesty was angry doesn't represent
associate degree offence, as associate degree intention or data on the part of
the suspect is that the essential ingredient. Therefore, the attractiveness was
allowed and therefore the suspect was guilty by the Supreme Court and was
awarded rigorous imprisonment for an amount of 2 years. A fine of rupees 1000/-
was to be paid by the suspect. Out of that rupees 500/- was paid as a
compensation to the kid.
Ramkripal Singh v. State of Madhya Pradesh, AIR 2007 (crl.) SC 370
In this landmark case, the Supreme Court finally outlined modesty by egg laying
down that the essence of a woman's modesty is her sex. The term modesty in
respect to a girl was outlined as "Decorous in manner and conduct; not forward
or lower; Shame-fast; religiously chaste". The suspect pleaded that he run a
lighter penalty which he be lest command liable beneath section 354 for
outraging a woman's modesty. However, as penetration had taken place, the
Supreme Court command that it brought about rape. Solely acts that stop in need
of penetration constitute the scope of section 354 of the IPC. Therefore, the
attractiveness was pink-slipped.
Ram Pratap v. State of Rajasthan Where the suspect allegedly entered the victim's house once she was alone and
made her to lie on a cot and misbehaved along with her, however no preparation
to commit rape was done, the suspect was command guilty beneath Section 354 of
the IPC, 1860.
Section 354 makes Associate in Nursing assault or use of criminal force against
a lady with Associate in Nursing intention to outrage her modesty a punishable
offence. Moreover, the intention or information of the suspect is that the
causal factor and also the state of mind of the victim.
In addition, it's to be noted here that Section 354 is gender-neutral Associate
in Nursing even |a lady, a girl will outrage the modesty of another woman
because the nomenclature of the section goes "whoever assaults or uses criminal
" the most ingredient of the offence is an intention to outrage a woman's
modesty. Therefore, the circumstances of every case are taken into consideration
to carry an individual liable beneath this section.
Since, the state of mind of the victim isn't heeded a lot of importance, there
are many instances of the section being victimised. Thus, wherever a person
accidentally touched a woman's belly during a running bus and there was no such
intention on the part of the suspect to outrage the woman's modesty, he was
control �not guilty'.
Therefore, these are often over that section 354 addresses offences against
ladies that falls wanting rape and thus, grants protection against exploitation
of ladies. Crime against ladies are increasing and laws protective ladies are
crucial. It will so be over that this section serves its purpose right in
granting protection to ladies against whom such indecent and immoral acts are
Written By: Yashwi Verma
- MIT WPU Faculty Of Law, Pune.