All About Section 354 of IPC

Introduction

An assault is an act of causing bodily injury or unwelcome physical contact to another person or, in certain legal definitions, the threat or attempt to do so. Insults, cursing, or threats constitute verbal assault. A forceful criticism, such as a scathing newspaper review, is a written assault. The physical assault might include anything from being shoved to being shot. This term has been mentioned under Section 354 of IPC and various other important provisions.

Definition of Section 354 of IPC

Section 354 of IPC is defined as “Whoever assaults or uses criminal force to any woman, intending to outrage her or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, with a fine, or with both.”

Essentials of Section 354 of IPC

The essential ingredients of the offence under Section 354 of IPC are as follows:

1. that the person assaulted must be a woman

2. that the accused should have used some sort of criminal force on her

3. Criminal force must have been used on the woman intending  to outrage her modesty

4. There must be an intention to do so. It is the section’s substance where the choice of punishment and the legitimacy of the charges is evaluated.

It is undoubtedly correct that if intention or knowledge is one of the ingredients of any under Section 354 of IPC, it has to be proved like other ingredients for convicting a person. However, it is also equally true that those ingredients, being the state of mind, may not be proved by direct evidence. It may have to be inferred from the attending circumstances of a given case.

Punishment Section 354 of IPC 

Section 354 of IPC  includes imprisonment for one to five years, as well as a fine. It should be mentioned that the actual period of imprisonment is decided by the presiding officer of the court or the judicial magistrate. However, the circumstances of the case, not the officer’s personal preferences, weigh on such discretion.

The Criminal Law Amendment Act of 2013 introduced four additional subsections to Section 354 of IPC  to broaden its scope. These are the following:

1)Section 354 A – Sexual assault

Sexual harassment or Sexual assault is defined as unwanted and explicit sexual gestures or sexually coloured statements. It can also be suggestive comments or intrusive questions about a person’s body or private parts. Such an act is punishable by up to three years in jail, a fine, or both.

2)Section 354 B – Assault or use of criminal force to woman with intent to disrobe

A male who attacks or uses unlawful force against a woman with the purpose of disrobing is punished under the clause for compelling her to be naked. The accused must have had the intention or knowledge that such an act would offend her modesty. Such an act is punished by imprisonment for three to seven years and a fine.

 3)Section 354 C – Voyeurism 

A male who observes or photographs a woman while she is performing an act with an expectation of privacy from any outsider is subject to punishment under the law. Voyeurism, to put it simply, is the act of enjoying oneself sexually while observing another person in their undies or participating in sexual behaviour.

The sentence for such an offence is one to three years in jail. However, a second violation might result in a jail sentence of three to seven years.

4)Section 354 D – Stalking

It is illegal to follow a lady physically, over the internet, or by any other method of electronic contact, notwithstanding apparent indications of indifference from such women. Stalking is commonly referred to as “eve teasing,” and it is punishable by up to three years in jail for the first offence. However, further offences may result in up to 5 years in jail.

What is modesty under Section 354 of IPC?

The core of a woman’s modesty, according to the courts, is her sex. Any violation of a woman’s modesty is punishable under Section 354 of IPC. The Supreme Court emphasized in the case of Major Singh that “young or old, intellectual or idiotic, awake or asleep, the lady retains a modesty susceptible of being violated.”

Moreover, A young female has a different set of circumstances. Her body is still young, and her sexual abilities remain latent. Even if the victim is a newborn who has yet to acquire a sense of shame and is unaware of sex, nonetheless, she retains the humility that is characteristic of her gender from birth.

Cases relating to Section 354 of the IPC

1. In Ram Das v. State of West Bengal, two persons got into a heated disagreement, as a result of which a man shoved a lady. He was accused of looking at her “with lusty eyes,” which sparked the brawl. The Court acquitted him because there was no compelling evidence under Section 354 of IPC  that he intended to offend the woman’s modesty.

2. In Major Singh v. the State of Punjab, the accused assaulted a seven-and-a-half-month-old female child, resulting in an injury to the infant’s vagina. The Supreme Court held that according to Section 354 of IPC, There is no age restriction, no measure of knowledge of the hurtful conduct, and female consciousness is not required to create the offence.

3. In Ramkripal Singh v. State of Madhya Pradesh, The phrase “modesty” in reference to a lady was described as “decorous in manner and conduct; not forward or lower; shame-fast; scrupulously pure.” However, the Supreme Court ruled that it did not have much relation to Section 354 of IPC and constituted rape and so dismissed the appeal.

Conclusion

Increased incidences of crimes against women take a heavy toll on them, causing them significant mental anguish and grief. The maximum penalty imposed for Section 354 of IPC is five years in prison, but the escalating incidence of crimes against women in our culture makes it inadequate.

Even though Section 354 of the IPC is a provision that clearly safeguards women from the criminal actions of a man, it has to be enhanced and enforced in a more strict manner. The concept and its legal remedies can only be understood through a legal consultation and the right kind of legal advice. 

FAQs on Section 354 of IPC

Q1. What is Section 354 of IPC and what is its definition?
Ans1. Section 354 of the Indian Penal Code (IPC) is defined as “Whoever assaults or uses criminal force to any woman, intending to outrage her or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, with a fine, or with both.”

Q2. What are the essential ingredients required to constitute an offence under Section 354 IPC?
Ans2. The essential elements of an offence under Section 354 IPC are:

1. The victim must be a woman.
2. The accused should have used criminal force.
3. The force must be used with the intent to outrage the woman’s modesty.
4. There must be a clear intention to do so.

Q3. What are the punishments under Section 354 of IPC?
Ans3. Punishments under Section 354 of IPC include imprisonment for one to five years and a fine. The actual period of imprisonment is decided by the presiding officer of the court or the judicial magistrate based on the case circumstances.

Q4. What are the different subsections introduced under Section 354 IPC by the Criminal Law Amendment Act of 2013?
Ans4. The Criminal Law Amendment Act of 2013 introduced four additional subsections under Section 354 IPC:

1. Section 354 A – Sexual harassment, including unwanted explicit sexual gestures or statements.
2. Section 354 B – Assault or use of criminal force to a woman with the intent to disrobe.
3. Section 354 C – Voyeurism, observing or photographing a woman in private acts.
4. Section 354 D – Stalking, physically or over the Internet, despite indications of disinterest.

Q5. What is the punishment for sexual harassment under Section 354 A of IPC?
Ans5. Sexual harassment under Section 354 A of IPC is punishable by up to three years in jail, a fine, or both. This includes unwanted and explicit sexual gestures, sexually coloured statements, suggestive comments, or intrusive questions about a person’s body or private parts.

Q6. How does Section 354 B of IPC define the assault or use of criminal force with the intent to disrobe?
Ans6. Section 354 B of IPC punishes any man who assaults or uses criminal force against a woman with the intent to disrobe her. The punishment includes imprisonment for three to seven years and a fine.

Q7. What is voyeurism under Section 354 C of IPC and its punishment?
Ans7. Voyeurism, under Section 354 C of IPC, is observing or photographing a woman engaging in a private act with an expectation of privacy. The punishment for this offence is one to three years in jail for the first offence and three to seven years for subsequent offences.

Q8. What constitutes stalking under Section 354 D of IPC?
Ans8. Stalking under Section 354 D of IPC is following a woman physically or over the internet despite her disinterest. The first offence is punishable by up to three years in jail, while subsequent offences can lead to up to five years in jail.

Q9. What is meant by modesty under Section 354 IPC?
Ans9. Modesty under Section 354 IPC refers to the essence of a woman’s sex, which is susceptible to being violated. The courts have emphasized that modesty is inherent to a woman, regardless of her age or state of consciousness.

Q10. Can you provide some notable case details related to Section 354 of IPC?
Ans10. Notable cases include:

1. Ram Das v. State of West Bengal – The accused was acquitted due to lack of compelling evidence.
2. Major Singh v. State of Punjab – Assault on a seven-and-a-half-month-old female child, establishing that age and consciousness are irrelevant for constituting the offence.
3. Ramkripal Singh v. State of Madhya Pradesh – The Supreme Court ruled that the term “modesty” has a broad meaning beyond the context of Section 354 IPC, leading to the dismissal of the appeal.

Q11. What does “dhara 354” refer to in the context of the IPC?
Ans11. “Dhara 354” refers to Section 354 of the Indian Penal Code (IPC), which deals with assault or use of criminal force on a woman with the intent to outrage her modesty.

Q12. What is the punishment for offences under Section 354 IPC?
Ans12. The punishment under Section 354 IPC includes imprisonment for one to five years, a fine, or both. The duration of imprisonment is determined by the judicial magistrate based on the specifics of the case.

Q13. What does “article 354” refer to in legal terms?
Ans13. “Article 354” is often used interchangeably with Section 354 of the IPC, which pertains to assault or criminal force with intent to outrage a woman’s modesty.

Q14. How does the IPC address molestation under Section 354?
Ans14. Molestation under Section 354 of the IPC involves assault or use of criminal force against a woman with the intention of outraging her modesty. The punishment for molestation can include imprisonment and a fine.

Q15. What section of the IPC deals with sexual harassment?
Ans15. Sexual harassment is addressed under Section 354 A of the IPC, which includes unwanted and explicit sexual gestures, sexually coloured remarks, and other forms of harassment.

Q16. What is the difference between molestation and sexual assault under the IPC?
Ans16. Molestation under the IPC is generally covered by Section 354, involving assault with the intent to outrage modesty. Sexual assault, which includes more severe forms of sexual violence, is covered under various sections, including Section 354 A (sexual harassment) and Section 376 (rape).

Q17. What does “outraging the modesty of a woman” mean under IPC Section 354?
Ans17. “Outraging the modesty of a woman” under IPC Section 354 refers to actions that violate the dignity and modesty of a woman through assault or the use of criminal force. This can include inappropriate physical contact or actions intended to demean a woman’s sense of modesty.

Q18. How does Section 354 IPC address physical assault?
Ans18. Physical assault with the intent to outrage a woman’s modesty is addressed under Section 354 IPC, which includes the use of criminal force to violate a woman’s dignity.

Q19. What is the punishment for physical harassment under IPC?
Ans19. Physical harassment intended to outrage a woman’s modesty is punishable under Section 354 IPC with imprisonment for one to five years, a fine, or both.

Q20. How are offences involving physical assault addressed under IPC Section 354?
Ans20. Offences involving physical assault intended to outrage a woman’s modesty are addressed under IPC Section 354, which prescribes penalties including imprisonment and fines.