Official Text
“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.”
Legal Analysis
Elements to Prove:
- The accused assaulted or used criminal force against a woman.
- The woman was the target of the assault.
- The accused intended to outrage her modesty.
- The accused knew that his act was likely to outrage her modesty.
Potential Defenses:
- No assault or criminal force was used
- No intention to outrage modesty
- Accidental contact
- Lawful authority or consent
- Self-defense or defense of others
Practical Examples
What Constitutes the Offense:
Unwanted touching, groping, pulling clothes, indecent gestures, following with intent to harass, making obscene comments with physical contact.
What Doesn't Constitute:
Accidental contact in crowded places, medical examination by authorized personnel, lawful arrest by police officers, self-defense actions.
Important Case Laws
Rupan Deol Bajaj v. K.P.S. Gill (1995)
The Supreme Court held that the essence of a woman's modesty is her sex and the culpable intention of the accused is the crux of the matter. The court emphasized that modesty is an attribute associated with female human beings as a class.
State of Punjab v. Major Singh (1966)
The court held that the word "modesty" is not defined in the IPC and should be understood in its ordinary sense. It refers to the sexual dignity of a woman.
Punishment
Imprisonment of 1 to 5 years and fine
Related Information
Connected Sections:
Section 354A (Sexual harassment), Section 354B (Assault with intent to disrobe), Section 354C (Voyeurism), Section 354D (Stalking).
Procedural Aspects:
The case is triable by any Magistrate. The prosecution must prove the intention to outrage modesty. Enhanced punishment for repeat offenders.