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Section 354 IPC comprises strict provisions to prevent sexual harassment, voyeurism and stalking against women. Not only law aspirants and professional lawyers should be well aware about this Section, but every citizen of this country should be updated about the rights given to a woman under 354 IPC.
So, without any further delay, let’s understand
What is 354 IPC?
354 IPC states that whoever assaults or uses criminal force woman with an intention to outrage her modesty shall be punished with imprisonment and fine. However, ‘outraging the modesty of a woman’ is subjective in nature as it varies from one woman to another. The determination of offence is based on the circumstance of the case. Supreme Court in one its judgments had referred to ‘modesty’ as the feminine decency. Under this section, the offence is considered only when the accused intended and was aware about his actions that are being taken to outrage of the victim’s modesty.
There are some key components that are required to be established by the prosecution in order to attract the offence under Section 354 IPC.
Analysis of 354 IPC in Detail
1. The aggrieved must be a woman
The section emphasizes that the offended person should be a woman. The use of criminal force or the act of assault on any man with the knowledge of “outraging his modesty” will not be considered as an offence under the Penal Code.
2. The use of criminal force against the aggrieved
The burden of proof lies on the prosecution to prove that accused constituted an assault or a criminal force. The accused must intend to use the force for causing injury, fear or annoyance to another person. Even if the accused makes the gesture or does preparation in advance to use criminal force, it will come under the category of assault.
3. The ‘intention’ is the crux
The knowledge and intention of the accused pushes him to commit an assault. But this cannot be determined by direct evidence. It has to be ascertained by looking at the circumstances of each case.
The intention and knowledge of the accused forms his course states of mind. They cannot be determined by direct evidence. They have to be ascertained looking at the circumstances of each case. It should be kept in mind that whether a reasonable man looking at the circumstances of the case will think that the act of the offender was intended to or was known to be likely to outrage the modesty of a woman.
In the landmark case of State of Punjab v. Major Singh, the matter was raised whether the act of the accused causing injury to the private parts of a minor female would constitute the offence of outraging her modesty. The Supreme Court laid the test of determining the outrage on the prudence of a reasonable man. If such a man thinks that the act committed is sufficient enough to tarnish the modesty of a woman, then such an act would attract the provisions of the Section 354 IPC.
4. The interpretation of the term ‘modesty’
The objective of this section is to protect the interests of women. The term “modesty” is referred as the universally accepted womanly behavior.
In the case of Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh, a question was raised whether Mr. Gill by slapping Mrs. Bajaj on her posterior in the presence of a crowd constituted the offence of outraging her modesty. The court had held that this act amounts to “outraging of a feminine modesty.’ This act not only tarnishes feminine decency, but also degrades the dignity of the lady.
In another case of Ankariya v. State of Madhya Pradesh, the question arose - whether the act of the offender - loosening the cords of the petticoat of the prosecution and making further sexual advancements towards her constitute the offence of outraging her modesty under Section 354? The Court herein made a point that his intention of having sexual connection with the victim in order constitutes the offence under Section 354 IPC. The intentions were sufficient enough to violate the feminine decency and outrage “her” modesty.
Let’s Discuss Other Provisions Under 354 IPC
Section 354 A - Sexual Harassment
According to Section 354 A, a man commits sexual harassment if he does any of the following acts:
- Physical contact which involves explicit sexual gestures or
- Request or demand of any sexual favor or
- Showing pornography to a woman against her will
- Creating sexually crated remarks
Punishment: For the first three offences, the punishment is of upto three years or with fine. Whereas the punishment for the last offence is imprisonment till 1 year or with fine or both.
Section 354 B - Assault or Use of Criminal Force
This Section protects the rights of women against men who try to assault or use criminal force towards any woman or abets such an act with an intention to compel her to be naked.
Punishment: Imprisonment of not less than three years and which may extend up to seven years. The accused will also be liable to pay some amount of fine.
Section 354 C - Voyeurism
This section talks about the privacy of a woman. This act is considered as an offence when any man captures or watches the image of a woman engaged in some private act.
This section punishes a man who intentionally captures or watches a picture of woman while doing some private act. In case, a woman gives her consent to do, then, the offence will not be reported. If she doesn’t give her consent to disseminate the same picture to any third person, then he will be liable under this Act.
Section 354 D - Stalking
The stalking refers to a form of harassment that comprises of the repeated and persistent intention of causing or harming a woman who is being followed. This can be done in various forms - physical or virtual, i.e. online.
Section 354D clearly states that despite the interest of a woman, if an individual is continuously found stalking him, and then he will be liable for stalking under the Section 354 D.
A conduct shall not amount to stalking if the man who pursued it proves that-
- It was pursued with the purpose of detecting or preventing any crime and the man accused of stalking had been entrusted with the responsibility of detection and prevention of crime by the State; or
- It was pursued under to comply with any conditions or requirement imposed by any person under any law
Punishment: Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and also shall be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Note: The crime under 354 IPC is kept cognizable, which means any police officer who has been approached with the complaint of sexual harassment has to register the crime. However, it is bailable in nature, i.e. the accused cannot be arrested by the concerned police officer.
Section 354 IPC has been enacted to protect women from sexual harassment. However, a lot of women are filing false complaints under 354 IPC for selfish motives.
What is the False Accusation of the 354 IPC?
A false accusation is a claim or allegation of wrong doing that is unsupported by the facts or untrue under the Section 354, 354 A, 354 B, 354 C and 354 D. Recently, High Court has given a verdict that “It is now becoming a trend to register FIRs under sections 354 against a person who has not committed any crime. The High Court also said that such allegations have the effect of tarnishing the image of a person against whom offences are charged. “
A charge under this section is quite is easy to make and difficult to rebut. Police authorities and judges need to see that when such charges are made, it is necessary to see whether they are supported by independent evidence beside that of the statement of the woman.
Frequently Asked Questions about Section 354 of IPC
Q1. Is IPC 354 bailable or non-bailable offence?
Ans. IPC 354 is a bailable offence.
Q2. How to get bail in IPC 354?
Ans. A person needs to file an application in Chief Judicial Magistrate Court first. If that gets rejected, then a person can apply an application in the High Court.
Q3. Can IPC 354 be taken back?
Ans. No, IPC 354 cannot be taken back. However, the file can be closed through a closure report (B) filed by the police. The cops can report that they had investigated the case and found no evidence. Hence, the file can be closed. This usually happens in the case where the accused as well as the complainant compromise. If this happens, then the case can be closed before going the court.
Q4. How can offence under 354 IPC be proved?
Ans. The aggrieved person must be a woman. There was an assault or use of criminal force against the aggrieved. The Act must outrage the modesty of a woman.
Q5. What is the punishment under 354 IPC?
Ans. The punishment under 354 IPC includes imprisonment of either description for a term which may extend to two years, or with fine, or with both.
