In country like India, women are prayed as goddess while the very second women are raped, outraging the modesty of a woman, sexual harassment at workplace, domestic violence became common.
In this article we will understand when a person is guilty of outraging a woman’s modesty as every human has a right to life with dignity guaranteed under Article 21 of Constitution of India.
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
- Victim – women
- Used criminal force or assault
- Intention of the accused was to outrage the modesty of the women
- Or knowledge that his act is likely to cause the same.
Pandurang Mahale v. State of Maharashtra, AIR 2004 SC 1667
In this case, the Supreme Court held that the intention of the accused is the essence of women’s modesty and the gravity of the offence is also decided by the same. It was also held that the reaction of women plays an important role but if she doesn’t react, it doesn’t mean she wasn’t subject to modesty.
The court also defined that pulling a woman, or removing her saree also amounts to outrange of woman’s modesty.
State of Punjab v. Major Singh, AIR 1967 SC 63
In this case, the Supreme Court gave emphasis to the age of the woman. It held that essence of outraging to the modesty of women is sex. So, the age whether young or old, awake or sleeping, mature or immature doesn’t affect.
Rupan Deol Bajaj v. KPS Gill, AIR 1996 SC 309
In this case, the Supreme Court held that slapping a woman in front of all guests amounts to outraging a woman’s modesty.
