Ingredients
1. The offender must assault or use criminal force to any woman.
2. Such assault or criminal force must be used with the intention or knowledge of outraging the modesty of the woman
3. When the above ingredients are satisfied, there will be assault or criminal force to woman with intent to outrage her modesty.
Punishment - Imprisonment of either description for minimum one year, extending up to five years and fine.
Classification of Offence
- Cognizable
- Non-Bailable
- Triable by any Magistrate
Important Case Law - Raju Pandurang Mahale v State of Maharashtra (AIR 2004 SC 1677) - In this case, the Supreme Court has commented upon the meaning of the phrase 'modesty of a woman' as follows:
"What constitutes an outrage to female modesty is nowhere defined. The essence of a woman's modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this section is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. As indicated above, the word 'modesty' is not defined in I.P.C."
Before proceeding further, it would be pertinent to note that in the backdrop of nationwide outrage after the Nirbhaya Gang Rape case, the following sections i.e. Section 354A to 354D were added to the Indian Penal Code through the Criminal Law (Amendment) Act 2013 (Act No. 13 of 2013) with effect from 3/02/2013.
Section 354A(1) - Sexual Harassment - A man committing any of the following acts -
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
Punishment and Classification of offence
Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours, showing pornography - Up to 3 years rigorous imprisonment or fine or both.
- Cognizable
- Bailable
- Triable by any Magistrate
Sexual harassment of the nature of making sexually coloured remark - Up to one year imprisonment of either description or fine or both.
- Cognizable
- Bailable
- Triable by any Magistrate
Section 354B - Assault or 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....
Ingredients
1. The offender must:
(i) assault OR(ii) use criminal force to any woman OR(iii) abet such act
2. Such assault, criminal force or abetment must be with the intention of disrobing or compelling her to be naked.
3. If the above ingredients are satisfied, there will be assault or criminal force to woman with intent to disrobe.
Punishment - Imprisonment of either description for minimum 3 years extending up to 7 years and fine.
Classification of offence
- Cognizable
- Non-bailable
- Triable by any Magistrate
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...
Ingredients
1. The offender must:
(i) watch or(ii) capture the image of a woman engaging in a private act or(iii) disseminate such image.
2. The woman must be performing such private act in circumstances where she would usually have the expectation of not being observed:
(i) either by the perpetrator or(iii) by any other person at the behest of the perpetrator
Explanation 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.
Ingredients of Explanation 1
1. "Private Act" includes:
(i) an act of watching,
carried out in a place,
which would reasonably be expected to provide privacy AND
(ii) 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.
Explanation 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.
Ingredients of Explanation 2
1. The victim should consent to the capture of the images or any act
2. The victim should not consent to the dissemination of such images or act to third persons.
3. In spite of her refusal of consent, such images or act is disseminated.
4. If the above ingredients are fulfilled, such dissemination shall be considered an offence.
Punishment and Classification of Offence
(i) First Conviction - Imprisonment of either description for minimum one year extending up to three years and fine
- Cognizable
- Bailable
- Triable by any Magistrate
(ii) Second or subsequent conviction - Imprisonment of either description for minimum three years extending up to seven years and fine.
- Cognizable
- Non-Bailable
- Triable by any Magistrate
Section 354D(1) - Stalking - Any man who
(i) 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(ii) monitors the use by a woman of the internet, email or any other form of electronic communication,
commits the offence of stalking.
Ingredients of the Section
Any man who:
(i) follows a woman AND
- contacts or attempts to contact such woman,
- to foster personal interaction
- repeatedly, despite clear indication of disinterest by such woman OR
(ii) monitors the use by a woman of
- the internet
- email
- any other form of electronic communication
commits the offence of stalking.
Proviso - Such conduct shall not amount to stalking if the man who pursued it proves that -
(i) 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
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
Ingredients of Proviso
The proviso to Section 354D provides grounds of defence to a person accused of stalking if he proves that:
(i) 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
(ii) it was pursued:
- under any law OR
- to comply with any condition or requirement imposed by any person under any law OR
(iii) in the particular circumstances such conduct was reasonable and justified.
Punishment and Classification of Offence
(i) First Conviction - Up to three years imprisonment of either description and fine.
- Cognizable
- Bailable
- Triable by any Magistrate
(ii) Second or subsequent conviction - Up to five years imprisonment of either description and fine.
- Cognizable
- Non-Bailable
- Triable by any Magistrate
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