S. 354 IPC Not Attracted If Woman Herself Didn't Perceive The Act Of Catching Hold Of Her Hand As Invading Her... .
๐ Section 354 IPC โ Meaning
Section 354 IPC punishes assault or criminal force on a woman with intent to outrage her modesty.
Essential ingredients are:
Use of assault or criminal force on a woman.
With intention to outrage her modesty OR with knowledge that it is likely to do so.
So, both actus reus (physical act) and mens rea (intention/knowledge) must exist.
๐ Supreme Courtโs View in This Case
The Court held that S. 354 IPC is not attracted if the woman herself did not perceive the act as an invasion of her modesty.
Example in this case:
A man caught hold of a womanโs hand.
But the woman herself did not feel that her modesty was insulted by that act.
The Court said, in such a situation, S. 354 IPC cannot automatically be applied.
๐ Important Principles Highlighted
Perception of the woman matters
Outraging modesty is a subjective concept linked with the dignity of a woman.
If the woman herself does not feel that her modesty was attacked, the offence may not be made out.
Mere catching of hand โ always S. 354 IPC
There must be intention or knowledge to outrage modesty.
A trivial act without sexual intent may not attract Section 354.
Court must see surrounding circumstances
Place, intention, relationship of parties, and womanโs reaction are relevant.
๐ Case Laws
Rupan Deol Bajaj v. KPS Gill (1995) 6 SCC 194
โ โModestyโ is an attribute associated with female sex; outraging modesty depends on intention and perception.
Ramkripal v. State of Madhya Pradesh (2007) 11 SCC 265
โ The test is whether the act is such that it can be perceived as offending the sense of decency of a woman.
Aman Kumar v. State of Haryana (2004) 4 SCC 379
โ Even if physical contact is made, there must be criminal intent to outrage modesty.
Supreme Court (recent ruling on hand-holding case)
โ If a woman does not perceive the act of holding her hand as invading her modesty, then Section 354 IPC is not attracted.
โ In Short
Section 354 IPC needs criminal intent + perception of insult to modesty.
Holding a womanโs hand may or may not be an offence โ depends on the intention of the man and how the woman perceives it.
If the woman herself did not feel her dignity was attacked, then Section 354 IPC cannot be applied mechanically.
Shivam, would you like me to also prepare a comparative chart showing when hand-holding / touching can fall under:
S. 354 IPC (outraging modesty),
S. 354A IPC (sexual harassment), and
No offence at all (if no intent/perception)?
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