Section 354 of Indian Penal code- Assault or criminal force to woman with intent to outrage

her modesty.
Anyone who assaults or uses criminal force to a woman, with the intention of outraging her
modesty or if with the knowledge knows that the act will lead to the outrage of modesty of
the woman, Such a person shall be punished for a term of not less than a year but which may
extend up to 5 years, and shall be liable to a fine.
Essential of section 354-
1. The person against whom criminal force has been used has to be a woman. However,
a woman who outrages the modesty of another woman shall also be punishable under
this section
2. The accused must have made use of criminal force on her. (Criminal force defined
under Section 350.)
3. Criminal force must have been used to outrage her modesty.
The test for outraging modesty was established in the case of-

State of Punjab v. Major Singh (1996).

Intention and knowledge are the two main elements of this section. Though they are
difficult to prove in a court of law, they can be derived from the facts of the case. The
test, therefore, is whether the person using criminal force on a woman has the
intention and knowledge that it will result in outraging the modesty of such a woman.

Hence, to constitute an offence under Section 354, an intention to outrage her

modesty must be present. It is not enough that criminal force has been used against
her. It must be proved beyond a reasonable doubt that the person had the intention to
outrage the modesty of the woman.

In Ram Das v. State of W.B. (1954), two people engaged in a heated argument, due to
which a man gave a push to a woman. The fight started since he was alleged to have
looked at her ‘with lustful eyes. However, no evidence of the gesture was submitted.
The Court acquitted him since there was no cogent evidence of his intention to
outrage the modesty of the woman.

In SP Malik v. State of Orissa (1981), it was held that merely touching the belly of a
female in a public bus without proving culpable intention of outraging the modesty
will not qualify as an offence under this section.

Section 354A- What acts amount to Sexual harassment-

1. physical contact and advances involving unwelcome and explicit sexual overtures; or
2. a demand or request for sexual favours; or
3. showing pornography against the will of a woman; or
For the above three offences, there shall be a punishment with rigorous imprisonment
for a term which may extend to 3 years or with fine, or both.
 4. Making sexually coloured remarks.
Punishment- Imprisonment for a year or fine. Or both.

Section 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- voyeurism

According to Section 354C IPC, it is a crime to look at or capture (say by means of a
photograph or video) a woman going about her private acts, where she thinks that no one is
watching her. This includes a woman:
 using a toilet, or
 who is undressed or in her underwear, or
 Engaged in a sexual act.
Punishment- Imprisonment for 1 to 3 years with fine, if person is repeated offender then
imprisonment of 3 to 7 years with fine.

Section 354D- Stalking

 Continuously following a woman or contacting her,
 Either online or in person
 Where she has clearly shown she doesn't want the attention
It is punished by three years for a first offence, and five years for repeat offences.
The section makes an exception if a person is stalking a woman as part of a legal duty to
do so.

 The IPC is not limited to sexual harassment at the workplace, but punishes such
harassment done anywhere.
 The IPC makes it possible to file a criminal complaint if you have been sexually
harassed, while the special law gives you the option of seeking civil remedies and
damages, involving your office administration. (Special law- POSH act.)