Crimes against modesty of a woman

1. Introduction
- Centuries have come, and centuries have gone, but the plight of women is not likely to change.

2. ARTICLE 354 - Outraging the Modesty of Woman

3. What are the essential ingredients of Section 354, I.P.C.?

4. What do actually the term 'modesty' constitute?

5. Case Law- In Ram Kripal S/o. Shyam Lal Charmakar v. State of Madhya Pradesh

6. SECTION 354-A- Sexual Harassment

7. What does Section 354B talk about

8. Section 354-C - Voyeurism

9. Section 354-D - Stalking

10. What is the punishment under section 354-D?

Centuries have come, and centuries have gone, but the plight of women is not likely to change. Time has helplessly watched women suffering in the form of discrimination, oppression, exploitation, degradation, aggression, humiliation. In Indian society, woman occupies a vital position and venerable place.

As the #meetoomovement is trending and lots of women are coming up with their instances of sexual harassment, voyeurism or disrobing, we find it a high time to write on the legal provisions in Indian laws against these acts as the women with lack of knowledge on this issues will get encouraged and aware and will come up with any sort of wrong done against them.

Article 354 , Article 354-A, Article 354-B , article 354-C and Article 354-D of Indian Penal Code basically covers the offences relating to acts which are outraging the modesty of woman , sexual harassment , assaulting or using criminal force against a woman with an intention to disrobe her ,voyeurism and stalking.

ARTICLE 354 - Outraging the Modesty of Woman

Whoever assaults or uses criminal force to any woman intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.

What are the essential ingredients of Section 354, I.P.C.?

(i) That the assault must be on a woman.
(ii) That the accused must have used criminal force on her.
(iii) That the criminal force must have been used on the woman intending thereby to outrage her modesty.

What do actually the term 'modesty' constitute?

Modesty in Section 354 I.P.C. is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. This could involve acts like request for a sexual intercourse or pulling a women or anything which would be an outrage to the modesty of a woman.

In Ram Kripal S/o. Shyam Lal Charmakar v. State of Madhya Pradesh , it was held that the test to determine whether modesty of a woman has been outraged is whether action of offender is such as could be perceived as one which is capable of shocking sense of decency of women.

SECTION 354-A- Sexual Harassment

What acts enumerates sexual harassment under Section 354-A ?

Following acts will constitute sexual harassment under section 354-A:-

i) Physical contact and advances involving unwelcome and explicit sexual overtures
ii) a demand or request for sexual favours
iii) showing pornography against the will of a woman
iv) making sexually colored remarks.

What are the punishments under section-354 A of IPC ?

Any person who commits the act like physical contact and unadvances involving unwelcome and explicit sexual overtures, a demand or request for sexual favours, showing pornography against the will of a woman , if found guilty found be liable for an rigorous imprisonment for a term which may extend to three years or with fine or with both.

If any person commits the act of sexually coloured remarks would be liable for an imprisonment of one year or with fine or both.

 What does Section 354B talk about

What Does Section 354 - B talks about?

Section 354-B deals with assault or use of criminal force to woman with an intention to disrobe that woman.

Which acts amounts to an offence under Section 354-B ?

i) assaulting a woman 
ii) using criminal force to any woman
iii) abating any of the above acts
iv) such abetment must be with an intention to disrobe woman or compelling her to be naked.

What is the punishment for an offence under section 354-B ?

Any offence committed under section 354-B shall be punished with an imprisonment for a term which shall not be less than of three years but which may extend to seven years and is also liable to fine.

Section 354-C - Voyeurism

What the term 'Voyeurism' means under section 354-C of IPC?

Voyeurism under section 354-C means any man who watches or captures the image of a woman engaging in a private act commits an offence. It provides that any man who watches or captures the image of a woman engaging in a private act in such circumstances where the woman usually expects that she is not being observed either by the perpetrator or by any other person at the behest of the perpetrator.

What acts are tend to be private acts under the definition of section 354-C ?

The acts which violates the privacy of a woman which activities are ordinarily done in the sight of public.

What do we mean by dissemination of images under this section ?

This sub section provides that spreading of images of the victim without her consent would be counted under this section and even if the victim gives her consent to capture the images of any act but does not consent to its dissemination to third persons and where such image or act is disseminated such dissemination shall be considered an offence under this section.

What are the punishments under section 354-C ?

Any person found guilty under this section shall be liable for a term which shall not be less than one year but which may extend to three years and shall also be liable for fine in his first conviction and on his second or subsequent conviction he shall be liable for an imprisonment which shall not be less than 3 years but which may extend to seven years and shall also be liable to fine.

Section 354-D - Stalking

Which acts enumerates 'stalking' under section 354-D?

Following a woman and contacting or attempt to contact such woman is treated as an offence. The act should be made for the purpose to foster personal interaction repeatedly despite a clear indication of disinterest by such woman.

If a man monitors the use of internet , e-mail or any other form of electronic communication by a woman , he shall also be liable for an offence under this section.

What is the punishment under section 354-D ?

Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and shall also be liable to fine. If the person commits the offence of stalking second time or again shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

What are the exceptions to section 354-D?

A conduct which is pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state or the conduct which is pursued under any law or to comply with any condition or requirement imposed by any person under any law or if the conduct in the particular circumstances is reasonable and justified, then it will not amount to stalking.