Querist :
Anonymous
(Querist) 25 February 2010
This query is : Resolved
Whether a female child of seven and a half months could be said to be possessed of 'modesty' which could be outraged u/s 354 IPC
Sanjeev Panda
(Expert) 25 February 2010
In State of Punjab v. Major Singh 1967CriLJ1 similar question arose whether a female child of seven and a half months could be said to be possessed of 'modesty' which could be outraged. In answering the above question the majority view was that when any act done to or in the presence of a woman is clearly suggestive of sex according to the common notions of mankind that must fall within the mischief of Section 354 IPC. Needless to say, the "common notions of mankind" referred to have to be gauged by contemporary societal standards. It was further observed in the said case that the essence of a woman's modesty is her sex and from her very birth she possesses the modesty which is the attribute of her sex. So even in case of female child of tender age offence u/s 354 IPC can be attracted.
Raj Kumar Makkad
(Expert) 25 February 2010
I completely agree with Panda. Offense under section 354 IPC is duly established in the given facts.
N RAMESH.
(Expert) 26 February 2010
I agree with Mr.Panda
Guest
(Expert) 26 February 2010
I totally agree with my friends. I further submit that even dead body has got the "modesty" and it should not be outraged.
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