Theoretical overview
Outraging the modesty of women, Voyeurism, Stalking, Acid Attack, Sexual Harassment of Women are an offence which is mentioned under section 354, 354A, 354B, 354C and 354D of the Indian penal code 1860 respectively.
Section 354 defines an assault or criminal force to women with intent to outage her modesty for which there is a provision of rigorous imprisonment which can extend to 5 years or with fine or both. To understand this particular section, it is important to first understand what the modesty of a woman means. Modesty of a woman is a virtue attached to a woman owing to her sex which is the sexual instinct. The same was held in Tarkeshwar Salve vs. State of Bihar(2006). A woman, as defined under section 10 of Indian penal code, is a female human being irrespective of any age.
It is believed that, only a girl who has gained puberty has a sexual instinct attached to her, this gives rise to the question that does a girl who has not gained puberty and not develop the sex Instinct has a concept of modesty? The answer to this was very well stated by the supreme court in his judgement that, yes, the modesty is based on her sex instinct but that modesty is with every women from her birth.
Presence and absence of consent of the women is the deciding factor in this offence. The reaction is not a decisive element in this particular section as section 354 will also apply in case, when an adult sleeping woman, was not aware that her modesty has been outraged.
Section 354a of Indian penal code defines sexual harassment. A man committing any of the following commits the offence of sexual harassment: –
- physical contact and advances involving unwelcome and explicit sexual overtunes or
- a demand or request for sexual favours or
- showing pornography against the will of a woman
- making sexually coloured remarks
shall we guilty for one year for the offence of sexual harassment
This particular section was added by the amendment in 2013. Before this criminal amendment, Vishakha guidelines was the governing law on the cases related to sexual harassment at work places. As per the guidelines, sexual harassment was described as any unwelcome sexually determined (whether directly or indirectly or implied) like the requisites in section 354a. The parliament also enacted sexual harassment of women at work places (prevention, prohibition and redressal) act 2013.
Section 354B of Indian penal code defines assault or criminal force to women with intent to disrobe her. If any man assault or uses criminal force to any woman or abets such act with the intention of disrobing or compiling her to be naked shall be punished with imprisonment of either description for a term which shall not be less than 3 years but may extent to 7 years and fine.
Section 354C of Indian penal code defines voyeurism, where any man disturbs or watches or captures or any women when she is in her private space, commits an offence.
Section 354D of Indian penal code defines stalking of any women an offence. This stalking can be either online or physically in absence of consent and with the motive to established personal interaction. This particular section was also added after the criminal law amendment act of 2013.
If any man follows a woman or contacts or tries to contact to establish personal interaction even after women clearly indicated that she is not interested has committed the offence of stalking.
Though, there are certain exceptions to the offence of stalking where a person can take a defence. These exceptions are: –
- part of responsibility to the state to detect the crime or prevent it from happening
- person authorized by law
- reasonably unjustifiable
Section 326A makes voluntarily causing grievous hurt by use of acid an offence which section 326B makes its attempt an offence. Whoever causes permanent or partial damage or deformity or burns or maims or disfigures or disables any part or parts of the body of the person or cause grievous hurt by throwing acid commits an offence.
Relevant sections
Section 354. Assault or criminal force to woman with intent to outrage her modesty – Whoever 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 for a term which may extend to two years, or with fine, or with both.
354A. Sexual harassment and punishment for sexual harassment–(1) A man committing any of the following acts–
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.]
354B. Assault or use of criminal force to woman with intent to disrobe – Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.]
Section 354C – Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
354D. Stalking.–(1) Any man who–
(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that–
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Important case laws
Lakshmi vs. Union of India (2015) – the court has outlawed the counter sale of acid unless kept a record. Also, state will pay a minimum amount of 3 lakhs to the acid victim.
Tarkeshwar Salve vs. State of Bihar (2006) – it was held that modesty of a women is a virtue attached to a woman owing to her “sex”.
State of Punjab vs. Major Singh (AIR 1967 SC 63) – the accused went into the room, switched off lights, stripped himself naked and performed indecent act by unnatural lust by fingering the vagina of 7.5-year-old month’s girl. It was argued on his behalf that this won’t attract section 354 because a child of 7.5 month is not capable of developing a sex instinct, so she doesn’t have concept of modesty which could be outraged. The high court accepted this plea while supreme court said that that, though the modesty is based on her sex but that modesty is with every woman from her birth.
Points to remember
- Section 354 defines an assault or criminal force to women with intent to outage her modesty for which there is a provision of rigorous imprisonment which can extend to 5 years or with fine or both.
- Modesty of a woman is a virtue attached to a woman owing to her sex which is the sexual instinct.
- The modesty is based on her sex instinct but that modesty is with every women from her birth.
- Section 354a of Indian penal code defines sexual harassment
- Section 354B of Indian penal code defines assault or criminal force to women with intent to disrobe her. If any man assault or uses criminal force to any woman or abets such act with the intention of disrobing or compiling her to be naked
- Section 354C of Indian penal code defines voyeurism, where any man disturb or watches or captures or any women when she is in her private space, commits an offence.
- Section 354D of Indian penal code defines stalking of any women an offence
- Section 326A makes voluntarily causing grievous hurt by use of acid an offence which section 326B makes its attempt an offence