Oct 31, 2017
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IPC section 354. Assault or criminal force to woman with intent to outrage her modesty

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IPC Section 354. Assault or criminal force to woman with intent to outrage her modesty.

Under IPC section 354 the following section is defined which is as under:

  1. Whoever assaults or uses criminal force to any woman,
  2. intending to outrage,
  3. or knowing it to be likely that he will thereby outrage her modesty,

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.

Offence

Punishment

Assault or use of criminal force to woman with intent to outrage her modesty 1 to 5 years + Fine

Cognizance

Bail

Triable By

Cognizable Non-bailable Any Magistrate

After the criminal law amendment act,2013  IPC section 354 was further elaborated with another four section they are as under:

  1. Sexual harassment and punishment for sexual harassment.(IPC section 354 A)
  2. Assault or use of criminal force to woman with intent to disrobe.(IPC section 354 B)
  3. Voyeurism(IPC section 354 C)
  4. Stalking(IPC section 354 D)

IPC Section 354A . Sexual harassment and punishment for sexual harassment. 

  • A man committing any of the following acts—
    1. physical contact and advances involving unwelcome and explicit sexual overtures; or
    2. a demand or request for sexual favours; or
    3. showing pornography against the will of a woman; or
    4. making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
  • Thus any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
  • Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Classification under schedule 1  of  CrPC:

Offence

Punishment

  1. Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours or showing pornography
  2. Sexual harassment of the nature of making sexually coloured remark
  1. Upto 3 years or Fine or Both
  2. Upto 1 year or Fine or Both

Cognizance

Bail

Triable By

  1. Cognizable
  2. Cognizable
  1. Bailable
  2. Bailable
  1. Any Magistrate
  2. Any Magistrate

IPC Section 354B . Assault or use of criminal force to woman with intent to disrobe. 

Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

Classification under schedule 1  of CrPC

Offence

Punishment

Criminal force to woman with intent to disrobe 3 to 7 years + Fine

Cognizance

Bail

Triable By

Cognizable Non-bailable Any Magistrate

IPC Section 354C . Voyeurism

Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

Explanations

  1. For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
  2. Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.

Classification under schedule 1 of  CrPC

Offence

Punishment

Voyeurism
  1. 1 to 3 years + Fine for first conviction
  2. 3 to 7 years + Fine for second or subsequent conviction

Cognizance

Bail

Triable By

  1. Cognizable
  2. Cognizable
  1. Bailable
  2. Non-bailable
  1. Any Magistrate
  2. Any Magistrate

IPC Section 354D.  Stalking

(1) Any man who—

  1. Follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
  2. It also consider the use by a woman of the internet, email or any other form of electronic communication, consider as committing the offence of stalking;
  3. Provided that thus the conduct shall not amount to stalking if the man who pursued it proves that—
    1. it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
    2. it was also pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
    3. Also in the particular circumstances such conduct was reasonable and justified.

(2) 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 shall also 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.

Classification under schedule 1 of  CrPC

Offence

Punishment

Stalking
  1. Upto 3 years + Fine for first conviction
  2. Upto 5 years + Fine for second or subsequent conviction

Cognizance

Bail

Triable By

  1. Cognizable
  2. Cognizable
  1. Bailable
  2. Non-bailable
  1. Any Magistrate
  2. Any Magistrate

 

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Article Categories:
IPC (Indian penal code)

Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her Bachelors in Banking & Insurance and has also completed her Masters in Business Management . She likes to participate in legal workshops and Moot Courts. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words.

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