The specification of term of punishment is unfair as the offences committed can be grievous and liable for a punishment for a term of more than two years. Also the maximum punishment for offences under Section 354 and 355 can be two years or fine or both.A sentence of three months rigorous imprisonment was awarded by SC, the maximum sentence permissible under Section 352 and acquitted the charge under Section 354. Appellant was held guilty of assault but not with an intent to outrage modesty. His conduct in forcibly trying to occupy the seat occupied by a lady and her baby and assaulting her when she resisted, called for censure. The Supreme Court held that appellant being a railway employee it was his duty to behave courteously to passengers. The matter was brought to Supreme Court and it said that the most serious allegation against the appellant was that he forcibly held the two ladies to his chest thereby trying to outrage the modesty of two women in the presence of two gentlemen which is so unnatural, that there must be clear and unimpeachable evidence before it can be accepted. State of West Bengal a railway officer who was forcibly trying to secure a berth, occupied by a lady and her baby was accused for committing offence under Section 354 and was sentenced with two years of imprisonment. It was later proved that Mr.Farooqui was innocent and let free.Īlso in the case Ram Das vs. Mr.Farooqui underwent torture and was also termed as mentally ill, and forcibly sent to mental hospital. Mr.Farooqui was arrested and imprisoned for more than one month. Farooqui was arrested for offence under Section 354 on a false complaint lodged by Ms.Jabeena that he abused her, caught hold of her hand and threatened to pull her sari. A woman can abuse this section under the pretext of outraging her modesty even on simple grounds of unintentional touching, pulling in a crowded place etc. This section provides an edge to a woman who wants to settle her personal scores or is egocentric.In relation to woman, the term ‘modest’ in the same dictionary is defined as “decorous in manner and conduct not forward or lewd shamefast”. According to Shorter Oxford English Dictionary (3rd Edn.) modesty is the quality of being modest and in relation to woman means “womanly propriety of behaviour, scrupulous chastity of thought, speech and conduct”. Gill the court said that since the word ‘modesty’ has not been defined in the Indian Penal Code, dictionary meaning was looked upon. State of Haryana, saying the act of pulling a woman, removing her dress coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman, and knowledge that modesty is likely to be outraged, is sufficient to constitute the offence.Īlso in the case Rupan Deol Bajaj vs. The court tried to define the term ‘outraging the modesty of woman’ in the case of Aman Kumar vs. Hence, the grey area lies between section 354 and section 376? Courts often rely upon technicality of the absence of ‘penetration’ and impose a relatively minor punishment of imprisonment up to two years for molestation. Also, the offence of rape defined in section 376 of IPC is constituted only when ‘penetration’ is present. In absence of an extensive definition of ‘modesty’ and ‘intention of outraging’, courts have displayed a patriarchal mindset in dealing with the victim. What can be termed as modesty for one woman, need not necessarily be the same for some other woman.įurther, the meaning of molestation makes an assault on a woman, culpable only if it is done with the intention of outraging her modesty. The Section 354 mentions ‘to outrage modesty of woman’ but the section does not define what modesty is? ‘Outrage the modesty of woman’ is a vague term.Classification of Offence.-The offence under this section is non-cognizable, bailable, compoundable and triable by any Magistrate.It says “whosoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” Section 355 deals with use of assault or criminal force with intent to dishonour person, without grave provocation. Classification of Offence.-The offence under this section is cognizable, bailable, compoundable with permission of the Court, pending and triable by any Magistrate.It says “Whosoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description of term which may extend to two years or with fine, or with both.” Section 354 deals with use of assault or criminal force to a woman with intent to outrage her modesty.
IRC 355 CODE
Analysis Of Section 354 And 355 Of The Indian Penal Code