LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

What is basic concept of outraging modesty of woman?

What is basic concept of outraging modesty of woman?

 

Coming to the question as to whether Sections 354 and 376 of the IPC have any application, it is to be noted that the provision of Section 354 makes penal assault or use of criminal force to a woman to outrage her modesty. The essential ingredients of the offence under Section 354 IPC are as under: 
(a) That the assault must be on a woman. 
(b) That the accused must have used criminal force on her. 
(c) That the criminal force must have been used on the woman intending thereby to outrage her modesty. 

What constitutes an outrage to female modesty is nowhere defined in IPC. 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 s*x. The act of pulling a woman, coupled with a request for s*xual 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. The Shorter Oxford Dictionary (Third Edn.) defines the word 'modesty' in relation to woman as follows: 
"Decorous in manner and conduct; 
not forward or lower; Shame-fast; 
Scrupulously chast."
ALLAHABAD HIGH COURT

Case :- CRIMINAL APPEAL No. - 285 of 2011

Appellant :- Jag Mohan S/O Ram Lal
Respondent :- State Of U.P. 
Order Date :-09.06.2016 
Hon'ble Dr. Vijay Laxmi,J. 

https://www.lawweb.in/2016/06/what-is-basic-concept-of-outraging.html



Learning

 1 Replies

Mukesh sharma (job )     16 June 2016

Agree with ready sir 

thnks 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register