354 & 509 i.p.c
suresh babbu
(Querist) 03 March 2014
This query is : Resolved
sir
can a woman can be tried for the offence of 354 & 509 i.p.c filed by a woman being the complainant just by uttering a word you bitch do what you can along with some other who beat the complainant by holding her tuft.
Sudhir Kumar, Advocate
(Expert) 03 March 2014
READ SECTION 354
Section 354. Assault or criminal force to woman with intent to outrage her modesty
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, 1[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.]
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
State Amendments
Andhra Pradesh
For section 354, the following section shall be substituted, namely—
354. Assault or criminal force to woman with intent to outrage her modesty.—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 five years but which may extend to seven years and shall also be liable to fine:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term which may be less than five years but which shall not be less than two years.
[Vide Andhra Pradesh Act 6 of 1991].
Madhya Pradesh
After section 354, the following new section shall be inserted, namely—
354A. Assault or use Criminal force to woman with intent to disrobe her.—Whoever assaults or uses criminal force to any woman or abets or conspires to assault or uses such criminal force to any woman intending to outrage or knowing it to be likely that by such assault, he will thereby outrage or causes to be outraged the modesty of the woman by disrobing or compel her to be naked on any public place, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years and shall also be liable to fine.”.
[Vide Madhya Pradesh Act 14 of 2004, sec. 3 (w.e.f. 2-12-2004)].
Orissa
In the First Schedule to the Code of Criminal Procedure, 1973 in the entry under column 5 relating to section 354 of the Indian Penal Code 1860 for the word ‘bailable’ the word ‘non-bailable’ shall be substituted.
[Vide Orissa Act 6 of 1995, sec. 3 (w.e.f. 10-3-1995)].
Comments
Ingredients
What constitutes an outrage to female modesty is nowhere defined. The essence of a woman’s modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this section is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. As indicated above, the word ‘modesty’ is not defined in I.P.C.; Raju Pandurang Mahale v. State of Maharashtra, AIR 2004 SC 1677.
Sudhir Kumar, Advocate
(Expert) 03 March 2014
READ SECTION 509
Section 509. Word, gesture or act intended to insult the modesty of a woman
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, of that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, 1[shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.]
CLASSIFICATION OF OFFENCE
Punishment—Simple imprisonment for 1 year, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the woman whom it was intended to insult or whose privacy was intruded upon with the permission of the court.
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Sudhir Kumar, Advocate
(Expert) 03 March 2014
These sections do not require the accused to be male only.
Any further query then come with facts
Devajyoti Barman
(Expert) 03 March 2014
The Bombay HC is in seisin of the self same question right now. Let the judgement be passed on this issue.
R.K Nanda
(Expert) 03 March 2014
agree with experts.
Biswanath Roy
(Expert) 03 March 2014
Sec.509 IPC lies but sec.354IPC is doubtful. MY VIEWS :-
Aai Kutti (BITCH) is a common term using at the time of quarrel in the northern India.
Sec.354IPC denotes assults and outraging modesty of a woman. So far the offense is concerned intention to outrage the modesty of the woman or knowledge that the act of the accused would result in outraging her modesty is the gravamen of the offense. Modesty is the attribute of the female sex and she possess it irrespective of her age.
The offences of the above two sections were created not only in the interest of the woman concerned, but in the interest of the public morality as well. The question of infringing the modesty of a woman would of course depend upon the customs and habits of the people. When I visited some villages of Punjab Province I heard a common abusive language like 'BHAINE CHOD' which is common and no body cares for it.No particular yardstick of universal application can be made for measuring the amplitude of the modesty of woman, as it may vary from country to country or society to society.
Biswanath Roy
(Expert) 03 March 2014
Sec.509 IPC lies but sec.354IPC is doubtful. MY VIEWS :-
Aai Kutti (BITCH) is a common term using at the time of quarrel in the northern India.
Sec.354IPC denotes assults and outraging modesty of a woman. So far the offense is concerned intention to outrage the modesty of the woman or knowledge that the act of the accused would result in outraging her modesty is the gravamen of the offense. Modesty is the attribute of the female sex and she possess it irrespective of her age.
The offences of the above two sections were created not only in the interest of the woman concerned, but in the interest of the public morality as well. The question of infringing the modesty of a woman would of course depend upon the customs and habits of the people. When I visited some villages of Punjab Province I heard a common abusive language like 'BHAINE CHOD' which is common and no body cares for it.No particular yardstick of universal application can be made for measuring the amplitude of the modesty of woman, as it may vary from country to country or society to society.
T. Kalaiselvan, Advocate
(Expert) 03 March 2014
I go with the opinion of Mr. Sudhir Kumar and Mr Barman. Thus,let us wait for the Bombay high court's decision on the subject issue.
alexander
(Expert) 30 December 2015
using the word 'bitch' for a female as 'sob' for a male are highly derogatory and even abusive words - but does it per se attack the modesty concept of a female member of our society
le's, wait for the Bombay HC judgement as and when it comes.
