OUTRAGING AND INSULTING THE MODESTY OF WOMEN
Section 354 of the Indian Penal Code: Outraging the modesty of a woman
Section 509: Insulting the modesty of a woman
Section 354: Assault or using criminal force is an offence under section 354 of the Indian Penal Code. Some of the examples illustrating acts that amount to outraging the modesty of a woman are as follows:
· Hugging a woman without her consent, kissing her, touching her private parts or any act which is likely to put her to shame by outraging her modesty.
Section 509: Any person who utters any word or makes any sound or gesture or exhibits any object with the intention that it will be seen or heard by such woman or will intrude up on her privacy is guilty of insulting the modesty of that woman. Insulting the modesty of the woman through words or gestures is an offence under Section 509 of the Code.
Examples of insulting the modesty of the woman are:
· Writing letters using vulgar language.
· Insulting with indecent/obscene words
· Making vulgar gestures
· Displaying vulgar figures
· Singing songs with vulgar suggestions
· Entering a woman’s house and making vulgar gestures
· Exhibiting his nude body
The offence under section 354 is punishable with imprisonment up to 2 years or fine or both.
Under Section 509 is punishable with a simple imprisonment of 1 year or
fine or both.
Any person (includes relative, friend, parents, guardian etc) may file a complaint and lodge an FIR against the offender in the nearest Police Station. The case can be tried by a Judicial Magistrate of the First Class
Once the case is filed in the Court, the concerned woman has to prove the following under Section 354 of IPC,
Ø That the accused had assaulted the woman or has used criminal force on her.
Ø That he had done so with the intention of outraging her modesty or that he had done so knowing that thereby he outrage her modesty. (Pulling a women, try to remove her dress, with that intention touches on the dress, using gesture for s*xual connection etc) – The culpable intention of the male is the crux of the section.
Under Section 509 of IPC,
v That the accused has uttered any word or made any sound or gesture or exhibited any object to the woman with the intention that she sees or hears it or it intrudes her privacy.
v That he has done so with the intention of insulting her modesty.
Best evidence: The woman herself was the best person to state whether her modesty had or had not been outraged.
kcsnayar@gmail.com
