Outraging the modesty of woman
neerajnath
(Querist) 20 April 2012
This query is : Resolved
if a woman was caught taught of her hair and assulted her by male person in public place does it attracts 354 IPC ?
Adv.R.P.Chugh
(Expert) 20 April 2012
Dear Querist,
Respectfully differing with Ld. Seniors - in my view - on that much of facts I must say NO, that does not amount to outraging the modesty of a woman. To bring home the offence of S.354 - the assault or criminal force should be used with the intention or knowing it to be likely that the same would insult or outrage the modesty of a woman.
Modesty' is chastity of thought, an instinctive aversion to impure and coarse suggestions, in a nutshell the female sense of dignity as regards her sexual body Parts.
Merely pulling a woman by hair - is not outraging her modesty - It's a simple case of criminal force/assault and simple hurt....if some hair are pulled out - it is grievous hurt.
Adv.R.P.Chugh
(Expert) 20 April 2012
In my view there should be at least some sexual connotation to make out an offence u/s 354....
R.K Nanda
(Expert) 20 April 2012
Yes, it does attract section 354 of IPC.
Raj Kumar Makkad
(Expert) 20 April 2012
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.
SAINATH DEVALLA
(Expert) 21 April 2012
Dear gentlemen,
Whether the act is performed or not, laying hands on the body of any woman other than his wife,or pulling off her clothes,or dragging her by holding the hair, is deemed to be understood that the male person was doing it with an ulterior motive,as is defind in section 354ipc.It amounts to outrage the modesty of the woman.
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, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
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.
K.K.Ganguly
(Expert) 21 April 2012
It is a debatable issue. It depends on the situation at the material point of time.
Shonee Kapoor
(Expert) 21 April 2012
The modesty is not defined but it takes cues from the anatomy of a woman.
So outraging the modesty has been accepted by courts by any force, which either is a intentional force on private parts of a woman or a intent to expose those parts in public.
However, in your case, the situation would define whether it attracts S 354 or not.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
MohammedRaffiq Bijapur
(Expert) 20 April 2012
