With the developing country, women are also taking a step towards self independence and working with their male counterparts in the workplace. But women are often exploited at the workplace as a result of which, the Supreme court in Vishaka v. State of Rajasthan gave guidelines regarding the same. However, they are still subject to discrimination, sexual harassment. Here we will see whether slapping a woman amounts to outrange of her modesty.
Section 354 of Indian Penal Code
Section 354 of Indian Penal Code talks about using criminal force or assaults women with intention to outrage her modesty. This section states that if anyone is having intention to outrage the modesty of a woman or knowing that his act will amount to outrage her modesty then he shall be punishable under this section.
Punishment – punishment under this section is imprisonment for a term which shall not be less than one year but may extend to five years along with fine.
Essential requisite
- Used criminal force or assault against a woman
- Intention of the accused was to outrage the modesty of the women
- Or knowledge that his act is likely to cause the same.
Rupan Deol Bajaj v. KPS Gill, AIR 1996 SC 309
Fact –
On 18 July 1988, Mr KPS Gill, Director General Police of state of Punjab (at that time) went to Rupam Deol Bajaj who was sitting at a dinner party, he asked her to get up immediately and follow him. But she objected, as a consequence of which Mr Gill slapped her in the party where all the guests were present.
The police didn’t take any action on the FIR. Apart from this, the high court of Punjab & Haryana ordered to quash the F.I.R because the matter was trivial & falling within Section 95 of Indian Penal Code.
But she went to the Supreme court. The Supreme Court allowed the petition of Rupan Deol Bajaj.
Held –
The Supreme Court held that slapping a woman on her posterior is outraging the modesty of women. They also held that the matter is not trivial as these cases are related to sexual harassment of women at the workplace.
