Outraging Modesty of Woman - IPC Section 354

In Indian society, women's modesty is highly esteemed, and any actions that are perceived as insulting this modesty are met with harsh consequences. The act of outraging a woman's modesty includes intentional verbal or nonverbal offences in addition to physical assaults. By definition, the offense is cognizable, non-bailable, and non-compoundable. The Indian government has put more deterrents in place to try and make the laws against rape and sexual assault stronger. However, sexual offences against women are still a significant issue in India, and more needs to be done to guarantee that the law is applied correctly.

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This Story also Contains

1. Meaning of Outraging Modesty of a Woman
2. Meaning of Modesty
3. Provisions Under IPC- Section 354
4. Essentials of Section 354 IPC
5. Punishment Under Section 354 IPC
6. Actions Amounting to Sexual Harassment
7. Insulting the Modesty of a Woman
8. Various and Newer Offences Against Women
9. Indian Government’s Efforts to Make Provisions on Outraging
10. Women’s Modesty
11. Case Laws on Outraging Modesty of Women
12. Conclusion

Meaning of Outraging Modesty of a Woman

The meaning of outraging modesty of a woman was defined under the landmark judgement in the Court of State of Punjab v. Major Singh. The Supreme Court stated that "a woman's sex is the essence of her modesty." Her body is a living example of an adult's modesty. Whether she is young or old, wise or foolish, awake or asleep, the woman has the humility to be angry.

Anyone who intends to offend a woman by using criminal force is subject to punishment under Section 354 of the IPC. Three types of acts are listed in Section 354 as being offensive to a woman's decency.

• Section 354A IPC- Sexual Harassment

• Section 354C IPC- Voyeurism

• Section 354D IPC- Stalking

Meaning of Modesty

The IPC, 1860's Section 354 addresses assault or use of force against a woman to offend her modesty. Up until 2007, there was a great degree of uncertainty on what exactly defined a woman's modesty, and there were many different theories about what constituted a girl's modesty. Several situations were identified, but the precise meaning of a woman's modesty was not.

In the case of, Ramkripal v. State of Madhya Pradesh

The Supreme Court ruled in this case that a woman's sex is the "essence of her modesty" and that this revealed printed modesty. As a result, associate-degree crimes against women that fit within the heading of wanting penetration will now be included in the list of offences covered by section 354 of the IPC.

Provisions Under IPC- Section 354

The Indian Penal Code, 1860, Section 354, forbids disparaging a woman's modesty. According to this clause, there is a fine and a jail sentence (which cannot be less than one year and can be up to five years) for anybody who assaults a woman, employs unlawful force against her in an attempt to upset her, or knows that doing so will likely cause her to lose her modesty.

Essentials of Section 354 IPC

Assault or Use of Criminal Force

The accused must assault a woman or use unlawful force against her. To willfully cause hurt or to arouse fear of harm is to commit assault. The use of force against a woman's will and without her agreement is known as criminal force.

Intention to Outrage Modesty

The attack or use of illegal force must have been motivated by a desire to violate the woman's modesty. The term "modesty" relates to a woman's sense of propriety and decency; a woman's modesty may be wounded or offended in a variety of situations and contexts.

Knowledge of Outraging Modesty

In addition to the intention, the accused must also have a reasonable expectation that his conduct will offend the woman's modesty. This means that the accused could still be held accountable under Section 354 even if he had no particular intention of upsetting modesty if he knew or should have known that his acts were likely to have that effect.

Punishment Under Section 354 IPC

The sentence in this section, which stipulates that each type of imprisonment may be served for a minimum of one year and a maximum of five years, has come under heavy fire. In addition, the fine will be computed. As a result, the judge has the power to provide a light or harsh punishment. Since there will be a cost in addition to the jail term, the offence is not compoundable. State laws may also affect penalties. Additionally, the accused will have the chance to file a countercomplaint or offer a legal defence in cases of Section 354 false charges.

Actions Amounting to Sexual Harassment

• Unwanted and overtly sexual attempts and solicitations during physical contact

• An appeal or requirement for sexual services

• displaying explicit material on a woman's request; and

• making remarks that are suggestive of sex.

Insulting the Modesty of a Woman

Section 509 brings an act that is done to demean a woman's modesty which may not necessarily include physical force under the purview of this article. This section aims to prevent any form of assault towards a woman's modesty, including words, gestures, acts, and invasions of her privacy. The "Eve Teasing Section" is another name for this portion. Anyone found guilty of violating Section 509 faces a fine and up to three years of simple jail as their punishment. The essential ingredients in this section are-

• a desire to disparage a woman's modesty;

• The offence must be inflicted by either violating a woman's personal space or by making any noise, gesturing, speaking, or displaying any object.

Various and Newer Offences Against Women

Section 354B IPC- Disrobing a Woman

The offence of attacking or using unlawful force against a woman, or aiding and abetting any such act with the intent to cause her to undress or be forced into the nude, is punishable under Section 354B by a minimum sentence of three years, which may be increased to seven years, as well as a fine. This is a gender-specific offence, meaning that only men are subject to punishment under it.

Section 354C IPC- Voyeurism

This crime was created in the wake of the 2012 Nirbhaya Rape Case. The IPC's Section 354C addresses it. The term "voyeurism" refers to the enjoyment one experiences when surreptitiously observing the intimate or sexual acts of another person. There are two sections to this regulation. First, when someone observes or records a picture of a lady doing a private act; and second, when someone shares or circulates that picture. A minimum of one year in prison and a maximum of three years in prison are the penalties for the first offence. A minimum sentence of three years in jail, with a maximum sentence of seven years, together with a fine, is imposed for the second offence. The essential ingredients in this section are-

• The accused needs to be a man.

• He needs to observe or record the picture.

• The woman being photographed needs to be involved in a private activity.

• The situation ought to be such that she anticipates not being seen by the offender; or

• That picture is spread by the accused.

Section 354D IPC- Stalking

The term "stalking," as defined by Section 354D of the IPC, refers to the act of pursuing or attempting to contact a woman despite her lack of interest. There are two offences under this section. First, when a guy persistently tracks, contacts, or tries to contact a woman despite her overt signs of disinterest; and second, when a male keeps an eye on how a woman uses the internet, email, or any other electronic communication tool. In the event of a first conviction, a fine and up to three years in prison are the recommended penalties. A second conviction carries a maximum sentence of five years in prison and a fine.

What Amounts to Stalking?

There is a proviso attached to Section 354D that defines an exception to this crime. It won't be considered stalking if a person must assist the state in preventing and detecting crimes if such crimes must be prosecuted under applicable laws, and if the person's actions must be reasonable and justifiable under the given circumstances

Section 326A and 326B IPC- Acid Attack

Sections 326A and 326B were included by the Criminal Law (Amendment) Act, 2013 to establish precise guidelines for punishment in cases of acid attacks.

Section 326A deals with intentionally utilizing acid to cause great harm. According to this section, anyone who throws or administers acid with the intent to cause permanent or partial damage, burns, disfigures, or disables any part of a person's body, or causes grievous harm, will be punished with at least ten years in prison, with the possibility of a life sentence plus a fine.

The act of attempting to hurl acid with the intent to do great harm is the subject of more legislation in Section 326B. This clause imposes a minimum five-year prison sentence and a fine that can be as high as seven years.

Section 354A IPC - Sexual Harassment

This new clause was inspired by a Supreme Court ruling on the problem of sexual harassment in the workplace. The Criminal Law (Amendment) Act, 2013 introduced Section 354A into the Indian Penal Code, delineating the definition of the offence of "sexual harassment" and prescribing the associated penalties.

A person shall be guilty of the offence of sexual harassment against a woman under Section 354A under the following situations:

• If he initiates unwanted physical contact and suggests an explicit sexual act;

• requests or demands for sex favours;

• displays pornography against a woman's request;

• Make sexually suggestive comments

For the offences listed in Section 354A (1) (i) through (iii), the penalty is rigorous imprisonment for a term that may last up to three years, along with a fine or both. Under subclause (iv), the punishment consists of a fine or both, as well as a period of imprisonment that can last up to a year.

Indian Government’s Efforts to Make Provisions on Outraging

Women’s Modesty

The Indian government has strengthened the country's anti-sexual offence laws to combat the issue of sexual offences. Among the significant initiatives are:

The Protection of Children from Sexual Offences(POSCO) Act, 2012

Sexual offences against minors are punishable under this Act with more severe penalties, including life in prison in certain cases. The Act also calls for steps to safeguard the rights of child victims, such as the installation of closed-circuit television cameras in courtrooms and the recording of child victims' testimonies via video conferencing. The act also mandates that any cases involving sexual offences against minors be tried in special courts within a year of the offence being committed.

The Criminal Law (Amendment) Act, 2013

The Indian Penal Code, 1860 was amended to provide harsher penalties for rape and sexual assault, including the death penalty for repeat offenders and situations in which the victim is rendered vegetative. The amendment also broadened the definition of rape to encompass acts like inserting items or body parts into the mouth, anus, or vagina, as well as oral, anal, and vaginal penetration.

The Criminal Law (Amendment) Act, 2020

The Indian Penal Code, of 1860 was amended in some ways by this Act, one of which is the addition of strong penalties for sexual offences such rape, acid attacks, and stalking. A new section regarding the penalties for sexual harassment, including those for harassment at work, was also included in the Act. The Act also makes it illegal to reveal the identity of a family member or victim of a sexual offence.

Case Laws on Outraging Modesty of Women

In the case of, Swapna Barman v. Subir Das

In this case, it was held that the term "modesty" as defined by Section 509 does not only exclude indecency but also acts as a catalyst for thinking about engaging in an inappropriate sexual connection. Therefore, it is crucial to consider that any actions that do not constitute rape must be explained away as the woman's indignation at her lack of modesty. It's also crucial to remember that the codified sections of the Indian Penal Code, 1860 do not specifically name any gender as an offender for the crimes in issue, meaning that a woman might face prosecution for the offence of outraging the modesty of another woman. Because of this, offenders male and female may face legal consequences for this offence.

In the case of, Major Lachhman Singh v. The State

In this case, it was given considerable thought to and discussion of the concept of "modesty" as it relates to women. Regarding the offence under Section 354 of the Indian Penal Code, 1860, it was decided that mere accusations would not be adequate to satisfy the element of outraging a female's modesty, which is a required and crucial component of the offence.

Conclusion

The Government of India from time to time has taken strict steps to deal with offences against women and steps to prevent such offences. The offences of Outraging Modesty of a Woman is a serious offence in India and the Indian Law system makes provisions for imprisonment and fine for offences relating to Outraging Modesty of a Woman. The Indian Law system has made efforts to make stricter laws to punish the offenders as offences against women are a major offence in India and to deal with it various amendments have been made in the Indian Criminal law as mentioned above in the article.