Molestation Under Section 354 Ipc
I. What is Section 354 IPC?
Section 354 IPC deals with assault or use of criminal force to a woman, intending to outrage her modesty.
The exact text:
"Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished..."
Key Points:
Assault or criminal force to a woman.
The act must be with the intent or knowledge that it will outrage her modesty.
The term "modesty" is a legal term interpreted by courts — it relates to a woman’s dignity and self-respect.
The punishment is up to 3 years imprisonment or fine, or both.
II. Essential Ingredients of Section 354
| Ingredient | Explanation |
|---|---|
| Assault or Criminal Force | Any physical contact or threat causing fear. |
| Victim must be a Woman | Law is gender-specific. |
| Intention to Outrage Modesty | Key element — intention or knowledge to offend modesty. |
| Outraging Modesty | Any act causing indignity or insult to woman’s dignity. |
III. Important Case Laws on Section 354 IPC
1. Rupan Deol Bajaj v. KPS Gill, AIR 1995 SC 309
Facts:
The accused made a derogatory comment against a woman police officer.
Judgment:
SC held that mere words can outrage modesty; physical contact is not necessary. It clarified the concept of "modesty".
2. State of Punjab v. Major Singh, AIR 1967 SC 63
Facts:
Accused assaulted a woman and forcibly tore her clothes.
Judgment:
Court held that such an act clearly outrages modesty and is punishable under Section 354.
3. Tukaram S. Dighole v. State of Maharashtra, AIR 2010 SC 1996
Facts:
Accused touched a woman inappropriately on a bus.
Judgment:
SC confirmed conviction under Section 354 and emphasized societal interest in protecting women’s dignity.
4. Bhagwan Das v. State of Haryana, AIR 1975 SC 1829
Facts:
Accused committed physical assault on a woman.
Judgment:
Court clarified the difference between assault (threat) and criminal force (actual physical contact) in the context of Section 354.
5. Raghvan v. State of Kerala, (1991) 2 SCC 401
Facts:
Accused put his hand on the woman’s shoulder and tried to pull her.
Judgment:
Court held that physical contact without consent can amount to criminal force and outrage modesty under Section 354.
6. State of Rajasthan v. Kashi Ram, AIR 2006 SC 1446
Facts:
Repeated sexual assault on a woman.
Judgment:
SC held that repeated acts intensify the gravity of offence under Section 354.
7. Nihal Singh v. State of Rajasthan, AIR 1960 SC 748
Facts:
Accused used criminal force with intention to outrage modesty.
Judgment:
The Court held that intention is the essence of Section 354, and even slightest criminal force to outrage modesty is punishable.
IV. Summary Table of Legal Principles
| Principle | Case Reference |
|---|---|
| Words alone can outrage modesty | Rupan Deol Bajaj |
| Physical contact needed for criminal force | Bhagwan Das |
| Intention or knowledge essential | Nihal Singh |
| Touching without consent amounts to offence | Raghvan |
| Severity increases with repeated acts | Kashi Ram |
V. Quick Recap
Section 354 protects women against assault/criminal force with intent to outrage modesty.
Modesty means dignity, self-respect, and not just about clothing.
Both physical contact and offensive words can amount to this offence.
Intention or knowledge of outrage is key.
Punishment can be imprisonment up to 3 years or fine.
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