Criminal Law Videos - IPC Section 354 (Assault with intent to outrage a woman's modesty)

IPC Section 354 talks about Assault or criminal force to woman with intent to outrage her modesty. This section punishes an assault on, or use of criminal force to, a woman with the intention of outraging her modesty or with the knowledge that it is likely that he will thereby outrage her modesty. The section says that whoever assaults or uses criminal force to any woman with the intention of outraging her modesty or with the knowledge that it is likely that he will thereby outrage her modesty, shall be punished with simple or rigorous imprisonment for a term extending up to five years, or with fine, or with both.The offence under section 354 is cognizable, non-bailable and non-compoundable, and is triable by any magistrate.

Further when the Criminal Law Amendment Bill was introduced in 2013, it added 4 sub-parts to section 354 where firstly Section 354A talks about sexual harassment and punishment for sexual harassment where if a man demands or requests for sexual favours or shows pornography against the will of such a woman or makes sexually coloured remarks shall be guilty for the offence of sexual harassment and the same is punishable by imprisonment of upto 3 years with a fine. The offence under 354 A is cognizable, non-compoundable and bailable. Section 354B was also added by the amendment which deals with assault or use of criminal force to woman with intent to disrobe, which comes into action when a man uses any force to a woman with the intention of disrobing her or compelling her to be naked, such an act is punishable by an imprisonment term that may not be less than 3 years but which may extend to 7 years in addition to affine and the same is a non-bailable, non-compoundable and cognizable offence. Voyeurism has also been made punishable by the amendment bill and finds its place in form of Section 354C of the Indian Penal Code, where any man who watches or captures the image of a woman engaging in a private act in circumstances where the woman would not have expected anyone observing, such an act for the first time is punishable by a term of imprisonment that may not be less than 1 year but may extend to 3 years and if a person commits the offence for the second time, then the offence is punishable by a term of imprisonment that may not be less than 3 years and may extend upto 7 years and in addition to the term of imprisonment may also be liable to a fine. Also the offence covered by 354C bailable for the first instance of offence while for the subsequent time it is non-bailable. 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. Lastly 354D was inserted by the Criminal Law Amendment Bill, 2013 which punishes stalking where any man who follows a woman or contacts or attempts to do so, to foster personal interaction despite a clear indication of disinterest by such woman commits the offence of stalking. The same for the first time is punishable by a term of imprisonment of upto 3 years and at the second instance is punishable by an imprisonment term of 5 years and these term of imprisonment may be in addition to a fine. Also the offence under 354D is bailable for the first instance while for the second instance it is non-bailable.