IPC sec 534
sampat singh
(Querist) 04 June 2009
This query is : Resolved
Procutrix was alleged that accused come in my room at night 2'0 clock. he swith on light and caught my Hand. then I shout the accused run away.
Please tell me IPC section 354 and 451 was made out or not?
Shashwat Shukla
(Expert) 04 June 2009
Mr. Sampat,
First you know about Sections which you have mentioned in your quarry.
Sec. 354 IPC:-
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 may extend to 2 years, or with fine or with both.
Sec. 451 IPC:-
Whoever commits house trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description of a term which may extend to 2 years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to 7 years.
Now in your quarry the accused switched on the light and caught prosecutrix's hand,the ingredients of Sec. 354 will apply and when the accused entered in the room at 2'o clock Sec. 451 will also be attracted.
A Truthseeker
(Expert) 04 June 2009
the case of the prosecutrix is probably not so simple! the defence may be why at 2am in the night she allowed the accused to enter her room. the fact that the accused had switched on the light and only then he caught hold of her hand and above all till then she did not shout suggests accd did everything with her connivance.
dhiraj choudhary
(Expert) 04 June 2009
section 354 is not applicable in this case and if the case of the accused is argued properly at the stage of framing of charge then he'll be discharged u/s 354 as holding hand of a lady does not attract the provisions of 354 which are more than that i.e to out rage the modesty of a woman n mr. tapan has also righly suggested that accused 'll get the benefit as has been said by him
PALNITKAR V.V.
(Expert) 04 June 2009
I am of the opinion that Sec. 354 and 451 are applicable. The prosecutrix says that she shouted. What defence accused can take and what would be the fate of case is totally different.
Uma parameswaran
(Expert) 05 June 2009
The ingredients for both Section 354 and 451 is commited here.I am thinking Mr.Dhiraj read "caught" as "hold". Both the words have different meaning.
B.B.R.Goud.
(Expert) 06 June 2009
I do agree with Learned friend Mr Shashwat.
dhiraj choudhary
(Expert) 06 June 2009
but i dont agree as there is lot of difference between outraging the modesty of a woman n simply holding her
