IPC 354: In this article, we will deal with the section 354 of Indian Penal Code that is, with the matter of Assault Or Criminal Force To Woman With Intent To Outrage Her Modesty.
Table of Contents
What does the Indian Penal Code – 354 State?
Criminal Law (Amendment) Act 2013 The Indian Penal Code Section-354 states that any individual that assaults or violates a woman with the motive to commit atrocities towards her modesty shall be liable to imprisonment for a term not less than a year but it may extend to five years and shall also be liable to pay a penalty.
It was enacted by the Imperial Legislative Council under the supervision of Thomas Babington Macaulay on the Sixth October 1860 and assented on the same date and commenced on First January 1862.
Overview of Section 354 IPC
| Category of Bare Act | Criminal Laws |
| Offence | Violation or criminal force to a woman with the intent to outrage her modesty. |
| Liable to | 1 Year to 5 years with fine. |
| Cognizance | It is of a cognizable nature |
| Bailable/Non-Bailable | It is of a non-bailable nature. |
| Competent Judge | Any magistrate can perform trials |
| Name of the Act | Indian Penal Code |
Description of IPC SEC-354A
- A man violating the following acts:
i) any sort of unwelcome physical contact and advances and sexual overtures; or
ii) a demand for sexual favours or request;
iii) display of pornography against the will of a woman;
iv) making sexually coloured remarks maybe liable for the offence of sexual harrasment. - Any individual that violates the law in accordance with the clauses mentioned above shall be rigorously punished by imprisonment for a term of 1 to 5 years or a fine or both.
- Any man that is accused of sexually cocloured remarks shall be penalized for a term which can be extended to a year, or have to pay a fine or sometimes both.
There are certain criterias which are deduced by the court to determine the offence of the case with accordance to the circumstances present in the case. As the Indian Penal Code has not defined as to what constitutes in the given offence of criminal force to a woman in the intent to outrage her modesty.
The Supreme Court has stated in one of it’s judgments has referred to modesty as a feminine decency as virtue that women must possess owing to their gender.
It is crucial to know that the accusation is not proved in cases like that with the mere fact that the accused committed an act that outraged the modesty of the victim. Only when the accuser knowingly or rightfully intended to outrage the victim’s modesty can it be accused upon.
Such a charge is very easy to make and very complex to rebut the same and
as the court acknowledges that Section-354 varies from case to case they are very careful about such allegations. Such acts are mostly done in private depriving the accuser of any witness so the court is consistent in managing cases of this sort as the lack of evidence means the court requires confident oral description to be convincing and reliable. Such accusations are mostly notorious to be over exaggerated or sometimes false and even being a figment of imagination.
The deviation in the FIR(First Information Report) and during the trial which may cause confusion to the court deeming the accusation to be unreliable may result in the acquittal of the case.
Many cases that are logged in FIR directories are so wild, strange and unusual that no one of an ordinary shrewdness will be able to comprehend such claims.
It is a common scenario for dishonest attributes of certain women to log accounts of molestation. Hence, to settle such a case the Bombay Court has held a test to examine whether or not a reasonable man that the motive of the accused was to outrage or violate the modesty of a woman.
In cases of a quarrel being placed that does not produce any resolution, when both the parties are to be blamed equally or more or less. By no stretch or over exaggeration of an account that resulted in a scuffle between the parties, the accused either intended or knew the act would jeopardise the modesty of a woman.
In a case of this sort the Supreme court has approached that commonly a woman would not put her character at stake may not be wrong but it cannot be applied universally as it may lead to wrong justice.
The case should be carefully examined that with all the protruding circumstances around the case with proper assessments of the facts as the law reports are replete with decisions where these charges under section 354(outrage modesty of a women) and 376(rape) has been falsely advanced.
Analysis Of IPC 354
- Accuser must be a woman: The section stresses on the victim to be a woman. And if claimed by a man this will not be considered a violation under the penal code.
- The culprit using criminal force against the aggrieved: The statement made has to be proved and is the burden of the prosecution to verify the accused has committed an assault with the use of criminal force. The accused must purposefully intent to utilize the force to result in injury, fear and or annoyance to the second person. If the accused gestures or prepares to cause harm t, it will come under the category of assault.
- The most important point at issue: The knowledge and plotting of the accused motivates him to commit an assault. However, it cannot be determined by the evidence as should be ascertained by a careful examination of all the circumstances in each case. The knowledge and his motives forms his state of mind. Keeping in mind, in the circumstances and deducing if the act was intended or most likely to be known to result in the outraging of the modesty of a woman.
- What is the term “Modesty” in the context: The objective is to protect the dignity and interest of a woman. It refers to the universally accepted womanly attributes.
False Accusations
The act of accusing an individual or claiming of wrongdoing which is not supported by the facts. These days, it has been a trend to file a case against a person who hasn’t committed any crime under IPC Section 354 and so The High Court has passed a verdict that such allegations can stain the image of a person against whom the allegations are charged.
The charge under IPC SEction-354 is easy to make and difficult to reverse. The judging authorities and police investigators should fact check and examine evidence that supports the statement of the woman.
How to file and retaliate against false False Accusations in accordance with IPC Section-354 ?
It solely depends on the defence you have on the case. How you articulate it to deem it false. If one is completely innocent then they must send a notice to all the police officers for filing a false case against them. Then one must file a petition in the High Court for actions against the Police Officers for lodging in a false case.
Get in touch with your lawyer or appoint a local lawyer for further advice and afterwards you can simply file a complaint of defamation and false FIR.
The most basic principle of criminal law states, “ A hundred criminals may walk free but one innocent shall not be punished.”
Indian Penal Code Section-354 is a Cognizable Offence and is Non-Bailable.
To further ensure the protection towards women for accounts of sexual assault. Four more sections are added and they are:
IPC Section-354 – Sexual harrasment and punishment for sexual harrasment.
- A man violating the following acts:
i) any sort of unwelcome physical contact and advances and sexual overtures; or ii) a demand for sexual favours or request; iii) display of pornography against the will of a woman;iv) making sexually coloured remarks maybe liable for the offence of sexual harrasment.
- Any individual that violates the law in accordance with the clauses mentioned above shall be rigorously punished by imprisonment for a term of 1 to 5 years or a fine or both.
- Any man that is accused of sexually cocloured remarks shall be penalized for a term which can be extended to a year, or have to pay a fine or sometimes both.
IPC Section-354B – Assault or force intended towards a woman to disrobe.
An individual who uses criminal force to a woman with the intent to disrobe or get naked shall be punished by the court of law.
IPC Section-354C – The practice of watching others while they are naked or enagaged in sexual activity in order to please themselves.(Voyeurism)
Viewing or capturing images of a female during her indulgence in private acts where she is unaware of prying is punishable by the court of law.
IPC Section-354D- Stalking. the act of repeated and unwanted surveillance by a man or a group towards a woman. It is interrelated to harassment and i punishable by the court of law under this section i.e IPC- 354D
Criminal Trial in the Case
- Police Complaint (FIR) In the initial stage for the case to advance it has to be logged in first. This process can be done through writing or can be done orally.
- Investigation and Report The investigation officer will start acquiring the required details, warrant and investigate the allegations. They examine facts and circumstances, gather evidence and other procedures completing the investigation and prepare a sheet to be presented to the Magistrate.
- Charge-Sheet presented to the Magistrate The officer incharge files the charge-sheets before the Magistrate, it sheets consist of all the details and events with the charges against the offender.
- Arguments in Court The date of hearing will be fixed. On the given date of hearing the Magistrate gauges and assesses the arguments to come to a conclusion.
- Plea Of Guilty CRPC Section 241 talks about the plea of guilty. Here the accused keeps his part of the clarification to redeem himself, the judge ensures that the plea of guilt was voluntarily made. Upon assessment and discretion the judge can convict the offender.
- Evidence by Prosecution The evidence is produced and given in the form of oral, written or documentary. The magistrate can summon witnesses if there are further validating the charges for better judgement.
- Cross Examination The evidence and witness testimonials are cross examined by the accused or their counsel.
- Evidence by Accused Provided that the accused possesses evidence for his innocence it is presented in front of the judge.
- Cross Examination The evidence and testimonials are then cross checked and verified.
- Conclusion The evidence is concluded by the court or the judge.
- Final Arguments Here both the parties make oral arguments in front of the judge.
- Judgement based upon the facts and circumstances, and the evidence and arguments the court gives its final judgement with reasons in support of the result of the jury.
- Conviction If found guilty the accused is convicted and vice versa.
- Hearing: A hearing will be made announcing the sentence.
- Appeal to Higher Court An appeal can be made to escalate the matter to higher courts if the scenario allows it.
Frequently Asked Questions
What offence comes under IPC- Section 354 ?
IPC Section-354 states that assault towards a woman with the motive to atrocity and outrage her modesty.
What is the penalty for IPC Section-354 case logged in ?
The punishment can be imprisonment of 1 years to 5 years plus fine, and or sometimes both.
What is the nature of the violation of IPC Section-354 ?
It is cognizable and a non-bailable offence.
What is the Court that registers IPC Section-354 cases ?
Any magistrate can administer such cases.
What can I do if I am falsely implicated on an offence under IPC Section-354 ?
You must send a notice to all the police officers and file a petition in the high court against the police with reference to lodging a false case under your name.
Is the Indian Penal Code of Section-354 compoundable in nature ?
Indian Penal Code of Section 354, with the permission of the Court is compoundable and in the premises.
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