Sections Related to Sexual Assault - IPC Section 354

In the present time, offences against women are increasing all over the world. Many legislations of the world provide various kinds of rights to safeguard the modesty of women. But in the long run, a woman goes through many offences which some way or the other puts the modesty of a woman in danger. In India, a woman goes through many such offences which hinder the modesty of a woman in many ways. Like many legislation around the world which punishes offences against a woman, India too has its legislation established to safeguard the rights of a woman. Legislation in India like the Domestic Violence Act 2005, The Dowry Prohibition Act 1961 and also the Indian Penal Code 1860 lays down certain provisions to safeguard women from such offences.

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This Story also Contains

1. Laws on Offences Against Women
2. IPC Section 354 - Sexual Assault that Outrages Modesty
3. IPC Section 354A - Sexual Harassment of a Woman
4. IPC Section 354B - Assault or Criminal Force to Disrobe a Woman
5. IPC Section 354C - Voyeurism
6. IPC Section 354D - Stalking
7. Conclusion

This article talks about the different sections of the IPC that deal with offences against women and has also incorporated remedies and punishments for the same. This article will discuss Section 354A of IPC to Section 354D of IPC 1860.

Laws on Offences Against Women

The Indian law system has incorporated and established various sections and legislation to safeguard the rights of a woman. These laws were established after a long history of protests by the women's community, different human rights groups, and women's and children's rights organisations. Here are some of the legislations that exist in India to safeguard the rights of a woman.

• The Domestic Violence Act 2005

• The Dowry Prohibition Act 1961

• The Child Marriage Restraint Act 1929

• The Immoral Traffic Prevention Act of 1956

• The Indecent Representation of Women (Prohibition) Act 1986

• The Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013

IPC Section 354 - Sexual Assault that Outrages Modesty

Section 354 of the IPC deals with sexual assault and harassment towards a Woman to outrage her modesty. The main objective of this section is to protect women from all sorts of indecent and outrageous behaviours which some way or the other hinder their rights. Such an offence of assaulting a woman not only the individual but also affects society at large.

According to Section 354 of the Indian Penal Code 1860, anyone who assaults or uses criminal force against a woman to upset her or knows that doing so will likely cause her to lose her modesty faces a minimum of one year in prison and a maximum of five years in prison, in addition to a fine.

Essentials of IPC Section 354

The essential conditions to be fulfilled to constitute an offence under Section 354 of the Indian Penal Code 1860 are as follows-

The assault should be on a woman

According to Section 10 of the Indian Penal Code, a woman is any female human being, regardless of age, from a baby to an elderly woman. A woman must have been the victim of the offence for it to fall under section 354 of the IPC, and it must have affected the woman's modesty.

Intention and knowledge of the act should be present

The primary element that determines whether an accused person is found guilty or not depends on their intention. The act of committing is likewise contingent upon the existence of knowledge. The charges are then evaluated, and the appropriate punishment is meted out.

Assault or Criminal Force must be Present

Assault is incorporated under Section 350 of the IPC and Criminal Force is incorporated under Section 351 of the IPC. According to the definition of assault, it is the conduct of any individual knowing that another person will interpret their gesture or action as an attempt to cause them pain, injury, or fear. According to the definition of criminal force, any use of force with the intent to injure, frighten, or irritate someone without that person's consent and with the knowledge that doing so will do so is considered criminal force. According to Section 354 of IPC, both assault and criminal force are essential to constitute an offence under the same.

Act outraging the modesty of a woman

Any act which some or the other outrages the modesty of a woman will be termed as an offence against a woman and is an important essential under Section 354 of the Indian Penal Code 1860.

Punishment Under IPC Section 354

Any person who assaults a woman intending to outrage her modesty will be punishable under the code for a minimum term of one year in prison and the term in prison may extend to five years fine or both.

Relevant Case Law

In the case of Raju Pandurang Mahale v. State of Maharashtra

In this case, the accused on false pretences brought the victim to his house. The accused confided the victim in their house and forced her to consume alcohol and later the victim was disrobed and her nude photographs were clicked. The Supreme Court in this case held that the accused was guilty under Section 354 of the Indian Penal Code, as the act outraged the modesty of a woman.

IPC Section 354A - Sexual Harassment of a Woman

Section 354A of the IPC deals with sexual harassment of a woman. However, certain criteria must be fulfilled as given below-

• If the accused makes physical contact and advances that contain unwelcome and explicit sexual acts

• If the accused demands or requests sexual favours

• If the accused forces a woman to watch pornography against her will

• If the accused makes sexually inappropriate remarks

According to Section 354A of IPC, any offence under this Section is bailable, cognizable and can be tried by a magistrate. If an accused commits any of such acts as given under Section 354 Clause 1, clause 2 and Clause 3 shall be punished with rigorous imprisonment for a term which may extend to three years or a fine and both.

If an accused commits such acts as given under Section 354 Clause 4 shall be punished with rigorous imprisonment of one year or a fine and both.

IPC Section 354B - Assault or Criminal Force to Disrobe a Woman

Section 354B of the Indian Penal Code 1860 deals with assault or use of criminal force against a woman to disrobe her or force her to be naked.

According to Section 354B of the Indian Penal Code 1860, any man who assaults or uses criminal force on any woman or abets such act to disrobe or compel her to be naked shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

Essential elements of IPC Section 354B

The essential elements to constitute an offence under Section 354B of IPC are-

• The accused should be a men

• There should be the use of assault and criminal force or abetment in the offence

• The intention of the offender should be to disrobe a woman or force her to get naked

Punishment for Disrobe of a Woman

According to Section 354B of IPC when a person commits an act of disrobing women or is forced to get naked, shall be punished with imprisonment for a term which may be for three years and extend up to seven years or with fine or both. An offence under this section is non-bailable, cognizable and can be tried by a magistrate.

IPC Section 354C - Voyeurism

Section 354C of the Indian Penal Code 1860 deals with Voyeurism which means when a man watches or clicks photos of a woman who is engaged in a private act like changing clothes or being naked or engaged in any sexual activity and it is unexpected for the woman. This act can be termed as Voyeursim.

According to provisions of IPC any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually expect not to be observed by anybody can be considered to have committed the act of Voyeurism.

Punishment for Voyeurism

According to Section 354C of the Indian Penal Code 1860, if a person commits an offence of Voyeurism in the first conviction shall be imprisoned for a term of one and may extend to three years or fine or both.

In the case of Subsequent conviction, shall be imprisoned for three years and may extend to seven years or fine or both.

Relevant Case Law

In the Ritu Kohli Case

In this case, the victim Ritu Kohli filed a suit against Manish Kathuria for allegations of stalking via social media and used to text her using derogatory language and marks, and the accused also shared her account with many users and as a result, the victim received multiple calls from unknown users. The Delhi police recorded the FIR under Section 509 of the IPC and further actions were taken against Manish Kathuria

IPC Section 354D - Stalking

According to Section 354D of the Indian Penal Code 1860, a man follows a woman every day or attempts to establish contact with a woman to foster a personal connection despite repeatedly being rejected by the woman. Also, any man who monitors any woman on the internet, social media accounts or any electronic medium falls under the category of stalking.

Exceptions to the offence of stalking

Under Section 354D of the Indian Penal Code, the exceptions given are-

• If the purpose of following is to prevent or detect a crime will not be termed as stalking

• If a person follows the instruction given by a legal authority to investigate or detect a crime

• If a person stalks in such circumstances which is defendable and reasonable by the law.

Essential Conditions of Stalking

The essential conditions to constitute an offence of stalking under section 354D of the Indian Penal Code 1860 are as follows-

• The Act must be committed by a man

• The following man tried to establish any contact with a woman against her will

• The man should have repeated the act

• The woman should have repeatedly shown dis-interest

Different Forms of Stalking

In the context of India, there are two types of stalking they are as follows-

Physical Stalking

It is a type of stalking in which a stalker physically follows a girl and tries to establish contact physically to achieve their intentions. This type of stalking makes the victim uncomfortable, and anxious and causes inconvenience to the victim. Physical stalking hinders personal boundaries and freedom of the victim.

Electronic Stalking

In this type of stalking the accused uses various electronic mediums to stalk the victim and threaten or disturb the victim mentally. This type of online stalking is dealt with by cybersecurity experts and cybersecurity cells established by the police and the appropriate government authority.

Different Types of Stalkers

1. Rejected Stalkers

A stalker who has been rejected by a girl whom he proposed to or has broken up from a relationship starts to stalk the person to patch things up even after disinterest by the victim. To regain the relationship or manipulate the victim can be termed as a rejected stalker

2. Resentful Stalkers

Anger, bitterness, and a desire for vengeance are all harboured by resentful stalkers toward their victims. They might stalk in an attempt to scare, intimidate, or induce guilt in the target for imagined transgressions or slights. They believe they have some control over the victim and believe they have been abused in some way. These stalkers can be self-righteous and self-pitying, and they frequently suffer from some type of mental disease. Their main intent is frequently to arouse anxiety or inflict mental pain.

3. Heroic Stalker

When a person establishes a contact to win a romantic relationship with a girl or tries to make a connection in other types of closeness to win love can be termed as a heroic stalker.

4. Predatory Stalker

In this type of stalking the accused may have sexual desires for which tries to establish contact with the victim even after the disinterest shown by the victim leads to predatory stalking. In the case of Predatory stalks might also lead to sexual assault in the end.

5. Incompetent Stalker

These types of stalkers are the ones who fail to come into a romantic relationship with a girl and then stalk the victim, unaware of the fact that the victim is facing inconvenience and uncomfortable because of the stalking can be termed as an incompetent stalker.

6. Intimacy seeking stalking

An intimacy-seeking stalker is generally a lunatic and is of unsound mind and thinks that the victim will eventually love them if they continuously stalk the victim without being aware of the consequences can be termed as intimacy-seeking stalking.

7. Hitman

In the case of Hitman, the main motive of the stalker is to cause injury or kill the person whom he is stalking. Generally, a hitman is hired to kill someone. This is the most heinous type of crime and in the ambit of stalking.

Punishments for Stalking

According to section 354D of IPC an offence of Stalking on the first Conviction the stalker shall be punished with imprisonment for a term not exceeding three years or with a fine or both. In secondary Conviction, the stalker shall be punished with imprisonment for a term not exceeding five years or with a fine or both.

Relevant Case Laws on Stalking

In the case of Santosh Kumar v. State Through CBI

In this case, a law student named Priyadarhshini Mattoo was raped and killed in her home in New Delhi. Mr. Santosh Kumar son of an IPS officer used to stalk the victim after the victim repeatedly showed disinterest. He was subject numerously for stalking, harassing and abusing the victims. A complaint was also filed in the Maurice Nagar Police Station under IPC 354D. A complaint was also made to the dean of the university in the past.

On January 23, 1996, the accused raped and killed the victim while she was alone at her home. As the evidence was fabricated by the CBI a proper investigation was not carried out according to the legal processes set by the law. The case was taken over by the trial Court.

The accused was sentenced to the death penalty by the court initially by the High Court and later the Supreme Court commuted the punishment to life imprisonment.

Conclusion

Section 354 to section 354D of the Indian Penal Code 1860 deals with the offences towards women. This article talks about the different offences against women as given under the Indian Penal Code. Starting from sexual harassment for outraging modesty of women to stalking under section 354D of IPC, the articles mention the provisions under the law and punishments under the code. In a country like India where women face many offences daily all the people need to know their rights to tackle such situations.