SECTION 354

Overview: This section talks about another Indiankanoon which is, assault or criminal force used against a woman. Also, this section talks about the importance of intention as an ingredient of this crime. The ambit of IPC 354 got widened with the insertion of four new sections through the Criminal Law Amendment Act (13 of 2013). The sections added are Section 354 A, Section 354 B, Section 354 C, and Section 354 D respectively.

Meaning of Assault: The term ‘assault’ means to cause a physical attack to another person. Assault not only means the scenario where a woman is assaulted physically. But, it also includes any verbal acts or gestures of a person intending to outrage the modesty of a woman.

Meaning of Modesty: The concept of Modesty is not defined anywhere. In the case of State of Punjab v. Major Singh, the Supreme Court held and stated as, “Outraging the modesty of a woman is an offence- indecent behaviour and not the age of the woman is the criteria to determine the offence of outraging the modesty punishable under section 354, IPC”.

The only and the major thing that constitutes the essence of a woman’s modesty is her sex. The guilty intent of the accused has a major role in determining the crux of the offence. The court also explained, 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. Also, only knowledge of the fact that the modesty is likely to be outraged, is enough to constitute the offence and needs no more explanation on the intention of the offender.

Punishment for Assault or criminal force to woman with intent to outrage her modesty under Section 354 IPC: This section provides for punishment to any person who assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty. Then that person shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.

Composition under Section 320 Cr.P.C.: This Offence is NOT listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.

Having any legal trouble? LawTendo is an intuitive online platform that makes it speedier and simpler to discover and contact the finest Attorneys in any city/court in India. You can get clarity on many topics of law by visiting our Indian Kanoon article and our blogs.

LawTendo has around 15000+ lawyers across India in our platform. LawTendo strives to facilitate cost-efficient and quality legal service to our clients. You can contact LawTendo  online for Legal Consultation or contact us at +91-9671633666 or info@lawtendo.com.