Even today, a lot needs to be done when it comes to safeguarding the modesty of women in India. There are many laws and provisions enacted by the legislature to protect women from any type of domestic violence, criminal force, rape, assault, molestation, sexual harassment, etc. However, apart from this, it is also important that women be made aware of these rights so that they can protect themselves under the law. Every citizen must respect women and act accordingly. However, these provisions are still violated by many people. Read below this article to learn about IPC Section 354 in depth.
IPC Section 354
IPC Section 354 Overview
Section 354 of the Indian Penal Code is a key legal provision that aims at safeguarding a woman’s dignity and modesty. Whoever tries to outrage a woman’s modesty by assault or use of criminal force will be penalised under IPC, Section 354. This is a reflection of the attempt made by the legal system to protect women from gender-based crimes, protect their rights, and maintain dignity in society.
In India, besides IPC Section 354, various other provisions have also been enacted for safeguarding the rights of women, such as:
- Section 304 (punishment for culpable homicide, which doesn’t amount to murder),
- Section 312 (causing miscarriage),
- Section 313 (miscarriage happens without a woman’s consent),
- Section 314 (Death caused due to an act with an intent to cause miscarriage),
- Section 354 (Assault or criminal force on a woman with intent to outrage her modesty),
- Section 354A (Sexual harassment and punishment for sexual harassment),
- Section 354B (Assault or use of criminal force against a woman with intent to disrobe),
- Section 354C (voyeurism),
- Section 494 (Marrying again during the lifetime of the husband or wife),
- Section 498 (Enticing or taking away or detaining with criminal intent a married woman),
- Section 498A (Cruelty) and
- Section 509 (word, gesture, or act intended to insult the modesty of a woman) of the IPC, 1860, and many other provisions
- Section 354: Use of criminal force or assault for outraging the modesty of a woman
Essentials of Section 354 of the IPC
Whoever tries to outrage a woman’s modesty by assault or use of criminal force will be penalised under IPC, Section 354. The person will be punished with imprisonment for a term that shall not be less than one year but may extend to five years and will also be liable to a fine. The circumstances under which it can be determined whether the modesty of a woman has been outraged, as given in Section 354, IPC, are:
- Section 350 of the IPC deals with criminal force, and Section 351 of the IPC deals with assault. Criminal force states that anyone who uses force with the intent to cause any harm, injury, fear, or annoyance to any person without his or her permission, knowing that it will create fear and cause harm,
Illustration:‘A’,’ with the intentionofocreatinge fear in the mind of’B’,’ went towards him with a knife in his hand. ‘A’ has committed an assault against ‘B’.
Therefore, the essential ingredient is the presence of intention and knowledge in criminal force and assault.
- Assault must be on a woman (Section 10). The IPC defines a woman as a female human being of any age, which means a newborn to any old-age female. The victim of assault needs to be a woman, as it deals with crimes against women.
- The presence of intention and knowledge is the main factor on the basis of which an accused is either convicted or acquitted. On this basis, the charges are weighed, and accordingly, the punishment is given.
- Outraging the modesty of a woman: Modesty’s definition is not given in the IPC. Various judgements of the Apex Court determine the meaning of modesty for a woman.
The Supreme Court of India defined’modesty’ as female decency and a virtue that girls possess as a result of their sex. The punishment for such an offence is usually between one and five years in prison, along with a fine. If the offence is more serious, it may even extend up to seven years.
In Raju Pandurang Mahale v. State of Maharashtra (2004), the Supreme Court concluded that the essence of the woman’s modesty was her sex. The Apex Court, in its judgement, defined’modesty’ in the same manner as it is given in the Oxford Dictionary in relation to a woman since the word’modesty’ has not been defined in the IPC.
Difference between Section 354, 354A, 354B, 354C & 354D of IPC
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Assault or criminal force to a woman with intent to outrage her modesty.
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Up to 2 years imprisonment, or fine, or both.
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Focus on acts infringing a woman’s modesty.
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Sexual harassment, including unwelcome sexual behaviour & demands.
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Up to 3 years of imprisonment, or fine, or both.
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Covers physical contact, demands, & sexually coloured remarks.
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Assault or use of criminal force to woman with intent to disrobe.
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Imprisonment of 3 to 7 years & fine.
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Specific to actions aimed at disrobing a woman.
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Voyeurism: Watching or capturing a woman in a private act without consent.
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1 to 3 years of imprisonment & fine for first conviction.
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Involves invasion of privacy in personal spaces.
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Stalking: Following a woman & contacting her against her will.
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Imprisonment upto 3 years for first conviction & upto 5 years for subsequent offences & fine.
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Includes persistent, unwanted attention & contact.
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The procedure for filing a complaint under Section 354 IPC involves approaching the police and filing an FIR containing the details of the incident and the accused’s identity.
A person who is charged with an offence under Section 354, IPC, needs to hire a criminal defence lawyer experienced in dealing with cases related to crimes against women. He or she can help you understand the charges against you, guide you through the legal process, and fight for your rights in court.
Punishment for Section 354 of the IPC
Previously, under the IPC, stalking was not considered a criminal offence in India. Provisions that protected women’s rights were Section 354, IPC, for sexual harassment, and Section 509, IPC, for abusing the modesty of a woman.
1. Punishment for sexual harassment under Section 354A: In this case, a man is said to have committed sexual harassment against a woman when there is:
- physical contact and advances like explicit sexual gestures; or
- demand or proposition for sexual favours; or
- pornography displayed against a woman’s will; or
- sexually coloured remarks or signs.
If a man commits the first three offences listed above, he shall be punished under Section 354A, IPC, with rigorous imprisonment for a term that may extend to 3 years, with a fine, or both. But if a man commits the offence given in the last bullet, he shall be punished with imprisonment for a term that may extend up to 1 year, with a fine, or both.
An offence under Section 354A is cognizable, bailable, and can be tried by a magistrate.
2. Punishment for assault or use of criminal force against a woman under Section 354B—deals with protecting women against men who assault or use criminal force towards her or encourage such an act with the intention to disrobe or compel her to be naked.
If a man commits such an offence, he shall be punished with imprisonment for a term of 3 years, which may extend up to 7 years, and shall also be liable to a fine.
An offence under Section 354B is cognizable, non-bailable, and can be tried by any magistrate.
3. Punishment for voyeurism under Section 354C: Deals with the issue of a woman’s privacy. When photos of a woman engaged in a private act are taken by a man or he watches her without her knowledge, this is known as voyeurism.
If a man commits such an offence, he shall be imprisoned for a minimum period of 1 year, which may extend up to 3 years, and shall also be liable to a fine in the case of a first conviction. In case of a second or subsequent conviction, he shall be imprisoned for a minimum period of 3 years, which may extend up to 7 years, and also be liable to a fine.
Nevertheless, even if a woman gives consent to have her photos taken or allows for any activity but does not consent to disseminate the same to any third party, and where such an image or act is disseminated by any other person, she shall be liable under the Code.
An offence under Section 354C is cognizable and bailable at the first conviction but cognizable and non-bailable at the second or subsequent conviction.
4. Punishment for stalking under Section 354D: Deals with protecting women against stalking. Stalking refers to a form of harassment that involves repeated and persistent intent to cause fear or harm to the person who is being followed. It can be in any form, be it physical or online. Thus, Section 354 is not a gender-neutral offence. Only a woman can seek justice under this section. Under Section 354D of the Amendment Act of 2003, stalking was introduced as an offence along with other offences like trafficking, voyeurism, and others.
If a man commits such an offence, he shall be punished with imprisonment for a term that may extend up to 3 years and shall also be liable to a fine for his first conviction. For his second or subsequent conviction, he shall be punished with imprisonment for a term that may extend to 5 years and shall also be liable to a fine.
Landmark case laws
1. State of Punjab v. Major Singh (1967): The offender interfered with the epithelial duct of a seven-and-a-half-month-old female child, which led to an injury in the vagina of the infant. The accused was held guilty under Section 354, IPC. It was observed that there is no age limit, no measure of understanding of the abusive act, and that the female’s consciousness is not essential to constitute the offence. The offender’s criminal intention and knowledge are the crux of the matter.
Section 354 of the IPC would be applicable when a reasonable man believes that the act he is committing is sufficient to tarnish the modesty of the victim. The court further stated that the act of removing a woman’s saree, coupled with a request for sexual intercourse, would be an outrage to her modesty.
2. Rupan Deol Bajaj v. Kanwar Pal Singh Gill (1995): The accused hit the lady’s back at a public gathering. The petitioner was an I.A.S. officer who lodged an F.I.R. against the accused. The learned Chief Judicial Magistrate of Chandigarh held the accused guilty under Section 354 and Section 509 of the IPC.
The Supreme Court referred to the Oxford Dictionary to find the meaning of the word ‘modesty’. It was observed that the offender’s behaviour outraged the woman’s decency.
3. Ram Pratap v. State of Rajasthan (2001): The offender entered the victim’s house when she was alone at home. The accused made her lie on a cot and misbehaved along with her. It was observed that no preparation for committing rape was done. He was held guilty under Section 354 and Section 451, IPC. He was sentenced to simple imprisonment for a 6-month period, along with a fine.
4. State of Maharashtra v. Rovena Aadnya Amit Bhosle (2020): It was held that women could also be held guilty of outraging the modesty of women. The accused was a woman who assaulted her neighbour by tearing her nightdress in the passage of the building in front of several people. The victim was left completely naked and was beaten with a shoe.
The metropolitan magistrate of the Mumbai Court held the accused guilty under Section 354, IPC, as being gender neutral. She was convicted and sentenced to a rigorous imprisonment of one year for outraging another woman’s modesty. As she was the mother of three, the youngest being only one and a half years old, she was awarded minimum punishment as stated under Section 354, IPC.
Conclusion
Section 354, IPC, is a special section that aims at protecting women from the criminal acts of men. It safeguards the’modesty’ of women by giving rigorous punishment to those men who try to outrage her modesty. It is being seen that day-by-day, crimes against women are rising rapidly. The provisions of this section act as a shield and protect women from exploitation. Therefore, it serves its purpose by granting these rights to women and punishing those men who commit indecent, immoral acts and try to exploit them.
IPC Section 354 – FAQs
1. What is Section 354 of the IPC?
Section 354 of the IPC deals with the offence of assault or criminal force on a woman with intent to outrage her modesty. The punishment for the offence under Section 354 IPC is imprisonment of either description for a term which may extend to 2 years, or with a fine, or with both.
2. Is Section 354 of the IPC a compoundable offence?
Compoundable offences are those that can be compounded or compromised outside of court. Offences that are committed under Section 354 of the IPC were, in the beginning, compoundable. But the same has been made non-compoundable after the amendment to the code made in 2009.
3. What is the punishment for molestation under Section 354 of the IPC?
The punishment for molestation under Section 354, IPC, is rigorous imprisonment for a term that may extend up to 3 years, a fine, or both. There are various offences under this heading, such as physical contact, making sexual remarks, showing pornography, and many more. So the punishment also varies accordingly.
4. When was Section 354 added to the IPC? What are the sub-sections under IPC Section 354?
Section 354 of the IPC was already in the original Indian Penal Code, 1860. But the nature of offences has changed after criminal law amendments. The ambit of Section 354 has been expanded with the Amendment of 2013 with the insertion of Sections 354A, 354B, 354C, and 354D. The following are the sub-sections under IPC, Section 354: (a) Section 354A: Sexual harassment and punishment for sexual harassment; (b) Section 354B: Assault or use of criminal force against a woman with intent to disrobe (c) Section 354C: Voyeurism and Punishment for Voyeurism (d) Section 354D: Stalking and Punishment for Stalking
5. What is the definition of “outraging the modesty of a woman”?
“Outraging the modesty of a woman” refers to any act, word, or gesture that is intended to insult the modesty of a woman. This includes any unwelcome physical contact, advances, or gestures, as well as any verbal or non-verbal conduct that is sexually coloured.
6. What is the procedure for filing a complaint under Section 354 IPC?
The procedure for filing a complaint under Section 354 IPC involves approaching the police and filing an FIR containing the details of the incident and the accused’s identity.
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