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Provision of crime and punishment against women under IPC Section 354

According to Section 354 of the Indian Penal Code, whoever attacks or uses criminal force on a woman with the intention of disturbing the shame of a woman or knowing that by doing so, she will probably break her shame. Punishment for imprisonment for a term which shall be at least one year and which may be extended up to 5 years, and shall also be liable to pecuniary penalty.

The word ‘attack’ means physical attack. Aggression does not only mean situations where a woman is physically assaulted. This includes any verbal act as well as the gestures of a man who intends to eliminate a woman’s modesty. The concept of Vinaya is not defined anywhere. The question arises that what does the word modesty mean in reference to a woman?

In the case of Raju Pandurang Mahale v. State of Maharashtra, the Supreme Court defined the ingredients that are the essence of a woman’s modesty.

In the case of Punjab State v. Major Singh, the Supreme Court stated that, “Insulting a woman’s modesty is an abusive behavior, a woman’s age is not a criterion for determining the offense of modesty punishable under IPC Section 354.

The guilty intent of the accused plays a major role in determining the intent of the crime. In the above case, the court defined the term modesty of a woman very efficiently. An act intended to offend a woman’s modesty eventually leads to sexual assault.

The scope of Section 354 of the Indian Penal Code is wide. It is a cognizable offense as well as non-bailable. Further clauses were added to provide protection against the act of sexual harassment. Four newly added clauses in the IPC Sec 354 under the Criminal Law (Amendment) Act, 2013 are mentioned below-

  • Section 354 A – Punishment for sexual harassment;
  • Section 354 B – Assault or use of criminal force for a woman with intent to attack;
  • Section 354 C – Voyeurism;
  • Section 354 D – Stalking.

After the incorporation of new clauses, in the case of T Manikadan v. The State (NCT of Delhi Government), the Delhi High Court held that there is no illegality in convicting the accused under IPC Sec 354, 354A IPC simultaneously. It was observed by the court that the victim’s modesty was disrespected by the accused and it was an act beyond physical contact.

Section 354A – Punishment for sexual harassment

  1. Person doing any of the following
    • Physical contact and advances include unwanted and explicit sexual scenes; or
    • A demand or request for sexual favors; or
    • Showing pornography against a woman’s will; or
    • Obscene commenting.
  2. Any person who commits the offense mentioned in clause (i) or clause (ii) or clause (1) 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.
  3. Any person who commits the offense referred to in clause (iv) of sub-section (1) shall be punished with imprisonment for a term either for one year or with fine or both, for the period which this section clearly states. Is that the act of sexual harassment committed by a person is punishable. Sexual harassment is not only a crime against an individual woman, but it is wrong against public morality and civilized behavior.

Section 354B – assault or use of criminal force to woman with intent to tame

Any man who gives or uses criminal force to any woman or incites her to undress or to force him naked shall be punished with imprisonment not less than three years which shall be May extend to seven years and shall also be liable to fine.

This section clearly states that a person intending to subdue a woman who uses criminal force shall be liable for a prescribed period of punishment. An offense under this section is also a cognizable offense, but non-bailable.

Punishment – It is a cognizable and non-bailable offense with a provision of imprisonment and fine ranging from three years to seven years.

Section 354C – Voyeurism

Voyeurism

Any male who sees or imprisons an image of a woman engaged in a private act where she is usually not expected to be seen by the offender or any other person at the behest of the offender or will disseminate such image , Shall be punished with any imprisonment which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and shall be punished on the second or subsequent conviction. Shall be made which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

The interpretation of this part provided under the Act is as follows:

  1. For the purpose of this section, the “private act” includes an act of looking at a place which, under the circumstances, would reasonably be required to provide privacy and where the victim’s genitalia, back or breasts were exposed or only Be covered in underwear; Or the victim is using a toilet; Or the victim is performing a sexual act that is not publicly a type.
  2. Where the victim agrees to take the images, but not for their dissemination to a third person and where such image is disseminated, such dissemination shall be considered an offense under this section.

This section makes a man liable if he intentionally watches or captures a picture of a woman performing private acts, which are to be performed in the utmost secrecy.

Also, if a woman gives her consent to capture her image or is allowed to do any act, but not with the intention that it will be in front of a third man. If the person shares the picture or spreads it on a wide scale, his act will be an offense under this section and will be liable to be punished.

The offense committed under this section is a cognizable offense and is bailable at the time of first conviction. However, if the offender repeats the crime, the nature of the offense is cognizable and non-bailable at the time of the second conviction.

Punishment – One year to three years and fine for the first sentence, and punishment and fine ranging from three years to seven years for the second or subsequent sentence.

Section 354D – Stalking

Stalking

Any person who

  1. Follows a woman, or attempts to contact such a woman repeatedly to promote personal interaction, despite the obvious sign of indifference by such woman; or
  2. Monitors the use of a woman by the Internet, email or any other form of electronic communication, committing the crime of staring.

This section clearly states that the act of a man, irrespective of a woman’s interest, if he is found staring at her continuously, will be liable to commit the offense of stalking under the Indian Penal Code.

Punishment – Up to three years and fine for the first sentence, and up to five years for the second or subsequent sentence and fine.

Himanshu Kumar
Himanshu Kumar
Law graduate from Lucknow University. As someone interested in research work, I am more into reading and exploring the unexplained part of the law. Being a passionate reader, I enjoy reading philosophical, motivational books.
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