What is Section 354B IPC Bare Act?
Section 354B IPC Bare Act is the exact text of the Section 354B of the Indian Penal Code (IPC 354B), passed by the Indian Legislature or Parliament. Thus, it is a replica of the original Section 354B of the Indian Penal Code available to the people of India by the Indian legislature or Parliament.
Section 354B IPC Bare Act (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.
What is Section 354B IPC?
Section 354B of the Indian Penal Code (IPC 354B) is a crucial legal provision designed to protect women from assault or the use of criminal force with the intent to disrobe. This legal provision plays a crucial role in protecting women’s dignity, ensuring their safety, and upholding justice.
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Section 354B IPC specifically targets acts of assault or criminal force aimed at disrobing women. These acts violate a woman’s bodily autonomy, dignity, and personal safety. By addressing such offenses, the law aims to create a safer environment for women and discourage perpetrators from engaging in such heinous acts.
Assault or use of criminal force refers to the intentional physical act of causing harm, instilling fear, or making unwanted physical contact with the victim. It may involve actions such as hitting, pushing, grabbing, or any forceful act that results in physical contact with the woman.
The crucial element of this offense is the intent to disrobe the woman. The accused must have a deliberate plan or purpose to forcibly remove the victim’s clothing against her will. This intent to disrobe infringes upon the woman’s modesty, personal boundaries, and privacy, causing humiliation, emotional distress, and potential harm.
The provision of Section 354B IPC is specifically designed to address and prevent such violations against women. It recognizes the vulnerability of women in society and aims to safeguard their rights and dignity. By criminalizing assault and the use of criminal force with the intent to disrobe, the law seeks to establish a safer environment for women and discourage potential offenders from engaging in such reprehensible acts.
To establish an offense under Section 354B IPC, both elements of assault or use of criminal force and intent to disrobe must be present. It is important to prove beyond a reasonable doubt that the accused intentionally used force against the woman and had the specific intent to forcibly remove her clothing.
Essential Elements of Section IPC 354B
To establish an offense under Section 354B of the Indian Penal Code (IPC 354B), the following essential elements must be present:
Assault or Criminal Force: The accused must engage in physical assault or use criminal force against a woman. This includes intentional acts that cause harm, instill fear, or result in physical contact with the woman.
Intent to Disrobe: The assault or criminal force must be accompanied by the specific intent to disrobe the woman. The accused must have a deliberate plan or purpose to forcibly remove the victim’s clothing, thereby violating her modesty and privacy.
These two elements, i.e., assault or criminal force and intent to disrobe, are the fundamental requirements for establishing an offense under Section 354B IPC.
It is important to prove both elements beyond a reasonable doubt to secure a conviction. The provision aims to address and deter acts that violate a woman’s bodily autonomy, dignity, and personal safety.
Examples of Section 354B of the IPC
Here are a few examples that illustrate offenses under Section 354B of the Indian Penal Code (IPC 354B):
Physical assault with the intent to disrobe: A man forcefully grabs a woman on the street, tears her clothes, and attempts to remove them against her will. His actions constitute an offense under Section 354B IPC as he has physically assaulted the woman with the specific intent to disrobe her.
Using criminal force to disrobe a woman: In a crowded public place, a man aggressively pushes a woman, tears her clothing, and exposes her body intentionally. This act of using criminal force to disrobe the woman demonstrates a violation of her modesty and is punishable under Section 354B IPC.
Unwanted sexual advances leading to an attempted disrobing: When a man, who has been making unwanted advances, forcefully tries to undress woman against her will. Even though he may not succeed in disrobing her completely, his act of attempting to disrobe her through the use of criminal force falls under Section 354B IPC.
Group assault with an intent to disrobe: A group of individuals surrounds a woman, physically restrains her, and forcefully removes her clothing with the intention of disrobing her. This coordinated assault aimed at violating the woman’s dignity and privacy constitutes a grave offense under Section 354B IPC.
These examples highlight different scenarios where Section 354B IPC may be applicable. It is essential to understand that each case may have unique circumstances, and the specific facts and evidence presented determine the application of the law and subsequent legal consequences.
Section 354B IPC Punishment ?
The punishment for offenses under Section 354B of the Indian Penal Code (IPC) varies based on the severity and circumstances of the crime. The punishment prescribed under this section IPC 354B is as follows:
- Imprisonment: The offender shall be punished with imprisonment of either description for a term which shall not be less than three years.
- Maximum imprisonment: The maximum term of imprisonment for this offense is seven years.
- Fine: In addition to imprisonment, the offender may also be liable to pay a fine.
It is important to note that the exact punishment is determined by the court based on the specific circumstances and severity of the offense. The court takes into consideration factors such as the nature of the assault, the intent to disrobe, the impact on the victim, and other circumstances.
The punishment prescribed under Section 354B IPC aims to reflect the seriousness of the offense and deter potential offenders from committing such acts. It emphasizes the need to protect the dignity, autonomy, and safety of women in society.
Is IPC 354B Bailable or Not?
Section 354B of the IPC, which addresses assault or use of criminal force to a woman with the intent to disrobe, is a non-bailable offense. This means that the accused, if arrested for an offense under Section 354B, cannot be released on bail as a matter of right.
Non-bailable offenses are generally considered more serious in nature, and the court may exercise its discretion to deny bail based on various factors such as the severity of the offense, potential threat to the victim or society, likelihood of the accused tampering with evidence, or the accused being a flight risk.
However, it’s important to note that the decision on whether to grant bail or not ultimately rests with the court, and it can vary based on the individual circumstances of each case. The court considers factors such as the evidence presented, the accused’s criminal history, the nature of the offense, and the specific provisions of the law before making a determination on bail.
Section 354B IPC Compoundable or Not?
Section 354B IPC is a non-compoundable offense. This means that once a case is registered under this section, it cannot be withdrawn or settled by the victim alone. The prosecution will proceed, and the accused will be subject to legal proceedings and potential punishment, irrespective of any compromise or settlement attempts.
The rationale behind making certain offenses non-compoundable is to ensure that crimes against vulnerable individuals, such as women, are treated seriously by the legal system.
Non-compoundability helps prevent cases from being prematurely closed based solely on a settlement between the victim and the accused, thereby emphasizing the importance of justice, deterrence, and societal protection.
Section 354B IPC Cognizable or Not?
The offenses under Section 354B of the Indian Penal Code (IPC 354B) are cognizable in nature.
A cognizable offense is one in which the police have the authority to make an arrest without a warrant and initiate an investigation without requiring a court order. In the case of Section 354B IPC, if a complaint is filed alleging an offense under this section, the police have the power to immediately register an FIR (First Information Report), conduct an investigation, and make an arrest if necessary.
Section 354B IPC Judgments / Rulings
IN THE SUPREME COURT OF INDIA :