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Dilip reddy Reddy   12 July 2021

about 354ipc section

my friend is falsely accused by section 354 . please explain about section deeply. can police has chance to arrest accused. still now police didn't sent fir copy to family person.what should they do , should they wait still police Or court notice Or they file anticipatory bail please suggest


Learning

 4 Replies

Dr J C Vashista (Advocate)     13 July 2021

Question paper set on behalf of some other person.

Consult a local lawyer if it is your own case and facts posted are true.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 July 2021

How long back it happened?

In the absence of FIR, how do you know there is a case filed?

If a person is falsely accused u/s 354, a notice to be sent to Police and approach High Court with all details and evidence seeking quashing of the case u/s 354

minakshi bindhani   23 November 2021

As per the illustrated query!

According to section 354 IPC states that whoever assaults or uses criminal force a woman to outrage her modesty shall be punished with imprisonment and fine. However, ‘outraging the modesty of a woman’ is subjective as it varies from one woman to another.  The determination of offence is based on the circumstance of the case.  The Hon'ble Supreme Court in one of its judgments had referred to ‘modesty’ as feminine decency. Under this section, the offence is considered only when the accused intended and was aware of his actions that are being taken to outrage the victim’s modesty.

The punishment under 354 IPC includes imprisonment of either descripttion for a term which not less than one year or may extend to five years or with fine, or with both.

If you haven't received a copy thereof, you don't need to be concerned about it or in any case if you are apprehending any arrest. You may apply for anticipatory bail. I would suggest you have patience for a time being.

Hope it is understandable!
Regards
Minakshi Bindhani

Archana Pandey   22 January 2022

Dear Mr. Dilip,

We can understand that this is a challenging situation.

First, you can file a false FIR against accused for committing an offence under Sec 182 for giving false information. Or to safeguard yourself, you can also file complaint to Magistrate under Section 200 crpc.


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