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IPC 354 - Molestation with outraging modesty of a woman & 323 for slap


15-Feb-2023 (In Criminal Law)
This incident happened in 2012 in the queue of Metro Railway Gate Kolkata when a young girl,unfortunately, was in front of me. It was rush in office time. I was wearing Collar for Cervical Spondylitis, carrying a 2 Ltr. water bottle and a office bag. I have problem of Ataxia(imbalance-a Neuro disorder), Anxiety Disorder with Syncope(Fainting) & my body sways. I do not know if my bag/bottle or body touched to the lady or not. But she complained that I was intentionally touching her back. I protested strongly and told her to allow me to stand in front of her, if she had any problem. But she became violent and told me that she would slap me in front of public. I was then 49 years and the lady was 25 yrs. I got excited because of my Anxiety disorder and pushed at her cheek but not slap/strike her. But she lebelled slapping charges against me(IPC-323) and IPC-354. She arranged 3 witness of IPC 323(slapping) against me, but not IPC 354. What will be the verdict of Magistrate?
Answers (2)

Answer #1
569 votes
Section 323 IPC is the lowest Penal section for causing hurt. This section is attracted when a person voluntarily causes hurt to other person.Get a good lawyer to fight your case and opt for trial it will be easier for you and your lawyer to break the ego of the complainant
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Answer #2
367 votes
Understanding IPC Sections for Molestation and Slapping
In India, the Indian Penal Code (IPC) has provisions that address various forms of assault, including molestation and slapping. Here's an explanation of the relevant IPC sections and their implications:
  1. IPC Section 354 - Molestation with Outraging Modesty of a Woman:
    • IPC Section 354 deals with the offense of molestation with the intent to outrage the modesty of a woman. It covers actions that are sexual in nature and violate a woman's modesty. Such actions can include unwelcome physical contact, advances, or gestures.
    • This section is gender-specific and primarily aimed at protecting the dignity and modesty of women.
  2. IPC Section 323 - Punishment for Voluntarily Causing Hurt:
    • IPC Section 323 addresses the act of voluntarily causing hurt to another person. It includes acts that cause physical harm or injury without the intent to cause grievous hurt.
    • This section is not gender-specific and applies to any person who has been hurt by another's actions.
Regarding Slapping:
  • Slapping someone, whether a woman or a man, can fall under IPC Section 323 if it results in causing hurt to the person. The punishment for this offense may include a fine or imprisonment, depending on the severity of the injury caused.
Molestation and Its Implications:
  • Molestation, particularly when directed at a woman with the intent to outrage her modesty, is a serious offense. It carries a more significant legal consequence, including imprisonment.
Punishment for Hitting a Woman in India:
  • Physically assaulting or hitting anyone, regardless of gender, can lead to legal consequences under IPC Section 323. The punishment may vary based on the extent of harm caused and the circumstances surrounding the incident.
In your case you can take the defense of your issues and it's important to note that every case is unique, and the legal outcome may depend on various factors, including the specific circumstances of the incident, the evidence presented, and the legal arguments made. If you have concerns or questions about a particular case, it's advisable to consult with a legal professional who can provide guidance tailored to your situation.
In summary, IPC Sections 354 and 323 address molestation and voluntarily causing hurt, respectively. Slapping someone can result in legal consequences under IPC Section 323, irrespective of the gender of the victim. The punishment for such actions varies based on the severity of the injury caused. 
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