What is Section 354 IPC Bare Act?
Section 354 IPC Bare Act is the exact text of the Section 354 of the Indian Penal Code (IPC 354), passed by the Indian Legislature or Parliament. Thus, it is a replica of the original Section 354 of the Indian Penal Code available to the people of India by the Indian legislature or Parliament.
Section 354 IPC Bare Act (As Per the Indian Legislature or Parliament)
Assault or criminal force to woman with intent to outrage her modesty.— Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.
Definition of Section 354 IPC
Section 354 of the Indian Penal Code (IPC 354) deals with the criminal offence of assault or criminal force against a woman with the intent to outrage her modesty. This section provides legal protection to women against acts of violence, such as touching, groping, or any other act that violates their modesty. The law is designed to deter and punish such heinous acts and provides for severe punishment for the offender, including imprisonment and fines.
Under this section 354 IPC, the offender can be punished for committing an offence that violates the dignity and modesty of women. This includes acts such as physical assault, verbal abuse, stalking, or any other act that causes harm, injury, or mental agony to the victim. The section 354 IPC also provides for strict punishment in cases where the victim is a minor or someone who is mentally or physically disabled.
The purpose of this section IPC 354 is to provide legal protection to women against any form of violence or harassment. It is an important legal provision that aims to ensure the safety and well-being of women in India. Therefore, it is crucial to understand this section in detail and the legal implications of violating it. Anyone found guilty of violating Section 354 IPC can face severe punishment, including imprisonment and fines, as per the Indian law.
Essential Elements of Section IPC 354
Section 354 IPC defines the offence of assault or criminal force against a woman with the intent to outrage her modesty. The essential elements of this offence include:
Assault or criminal force: The act of physically touching, using force, or threatening to use force against a woman.
Against a woman: The victim must be a woman. The section 354 IPC also includes transgender persons.
With the intent to outrage her modesty: The perpetrator must have the intention to insult or violate the modesty of the victim.
Knowledge or intention of the woman’s modesty: The offender must have knowledge or intention that his actions are likely to outrage the modesty of the victim.
Without the victim’s consent: The act must be committed without the victim’s consent.
All these elements are crucial for proving an offence under Section 354 IPC. If the prosecution fails to establish any of these elements, the accused may be acquitted of the charges. Therefore, it is important to understand these elements and their legal implications to ensure that justice is served.
Examples of Section 354 of the IPC
Here are some examples of offences that can be charged under Section 354 IPC:
- A man touches a woman inappropriately on a crowded bus with the intention to outrage her modesty.
- A man gropes a woman while she is walking alone on a deserted road at night.
- A man flashes his private parts to a woman in a public place with the intention to outrage her modesty.
- A man makes sexually explicit comments to a woman with the intention to outrage her modesty.
- A man follows a woman continuously, despite her objections, with the intention to outrage her modesty.
These are just a few examples of how Section 354 IPC can be applied in different situations to protect women from sexual harassment and assault. It is important to remember that any act that violates the modesty of a woman can be punishable under this section of the law.
Section 354 IPC Punishment ?
As per Section 354 IPC, a person convicted of the offence of assault or criminal force against a woman with the intent to outrage her modesty shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to a fine. The punishment under this section varies depending on the severity of the offence.
Is IPC 354 Bailable or Not?
Section 354 IPC is a non-bailable offence, meaning that the offender cannot claim an automatic right to bail as a matter of right.
However, the court can exercise its discretion to grant bail depending on the specific circumstances of the case, such as the nature and severity of the offence, the likelihood of the offender fleeing or tampering with evidence, and the possibility of the offender threatening or intimidating the victim or witnesses.
Section 354 IPC Compoundable or Not?
The offence under Section 354 of the Indian Penal Code (IPC 354), which deals with the assault or criminal force against a woman with the intent to outrage her modesty, is a non-compoundable offence.
This means that the victim or their family cannot enter into a compromise with the offender to drop the charges against them. The offence is considered to be an offence against the state, and it is the duty of the state to prosecute and punish the offender. The rationale behind making such offences non-compoundable is to discourage offenders from committing such acts and to ensure that justice is served in a fair and impartial manner.
Therefore, if a person has been charged with an offence under Section 354 IPC, the victim or their family cannot enter into a compromise with the offender to settle the matter out of court. The case will be heard and decided by the court based on the evidence and arguments presented before it.
Section 354 IPC Cognizable or Not?
Offence under Section 354 of the Indian Penal Code (IPC 354) is a cognizable offence. A cognizable offence is an offence for which the police can arrest a person without a warrant and start an investigation based on a complaint filed by the victim or any other person.
In the case of Section 354 IPC, if a woman or any other person informs the police about an incident of assault or criminal force against a woman with the intent to outrage her modesty, the police can arrest the accused without a warrant and start an investigation into the matter.
Since the offence under Section 354 IPC is cognizable, it is considered to be a serious offence, and the police have the power to take immediate action to prevent the offender from fleeing or tampering with evidence. The victim or their family can file a complaint with the police, and the police will be duty-bound to investigate the matter and take appropriate action against the offender.
In case of an arrest without a warrant, the accused must be produced before the court within 24 hours of arrest, and the court will then decide whether to remand the accused in police custody or grant them bail, based on the facts and circumstances of the case.
Section 354(A) IPC (As Per the Indian Legislature or Parliament)
354A. Sexual harassment and punishment for sexual harassment.—
(1) Aman committing any of the following acts—
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) 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 man who commits the offence specified in clause (iv) of sub–section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 354(B) IPC (As Per the Indian Legislature or Parliament)
354B. Assault or use of criminal force to woman with intent to disrobe.— Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling 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.
Section 354(C) IPC (As Per the Indian Legislature or Parliament)
354C. Voyeurism.— Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, 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.
Explanation 1.— For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.— Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.
Section 354(D) IPC (As Per the Indian Legislature or Parliament)
354D. Stalking.—
(1) Any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Section 354 IPC Judgments / Rulings
IN THE SUPREME COURT OF INDIA :
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