INDIAN PENAL CODE SECTION 354



Section 354 in The Indian Penal Code - 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.



Indian Penal Code, 1860, Section 354 - A victim of molestation and indignation is in the same position as an injured witness and her witness should receive same weight. (Vidyadharan Vs State of Kerala) 2004(1) Criminal Court Cases 516 (S.C.)


Indian Penal Code, 1860, Section 354 - Assault or criminal force to woman is one of the essential conditions for applicability of Section 354 Indian Penal Code, 1860 but the same has to be with an intention to outrage her modesty or knowing it to be likely that he will thereby outrage her modesty.(Vasudevan Vs State of Kerala) 2006(3) Criminal Court Cases 733 (Kerala)


Indian Penal Code, 1860, Section 354 - Attempt to commit rape - Minor girl of 7 years - Incident 8 years old - Sentence reduced to already undergone (15 months). (Kishan Lal Vs State of Haryana) 2003(3) Criminal Court Cases 496 (P&H)


Indian Penal Code, 1860, Section 354 - Charge for offence under Section 354 is very easy to make and very difficult to prove - Besides the woman it should be supported by independent evidence or it should be corroborated by her conduct and surrounding circumstances and should be consistent with ordinary probabilities - Where solitary evidence of prosecutrix does not appear to be reliable, the accused is entitled to acquittal - Where new allegations have been levelled and overt acts were attributed to the accused at the trial which were not mentioned in the FIR then accused is entitled to benefit of doubt. (State Vs Jawar Singh) 2002(2) Criminal Court Cases 252 (Rajasthan)


Indian Penal Code, 1860, Section 354 - Dragging a woman by pulling her saree forcibly - It cannot be said that accused had no intention or knowledge of outraging the modesty of complainant. (Smt.Jayanti Mohapatra Vs Sri Narayan Mohanty) 2003(2) Criminal Court Cases 7 (Orissa)

Indian Penal Code, 1860, Section 354 - Essential ingredients of the offence punishable under Section 354 Indian Penal Code is that the person assaulted must be a woman and the accused must have used criminal force on her intending thereby to outrage her modesty - What constitutes an outrage to female modesty is nowhere defined - The essence of a woman's modesty is her sex - The culpable intention of the accused is the crux of the matter - Reaction of the woman is very relevant, but its absence is not always decisive - The act of pulling a woman, removing her dress coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman, and knowledge, that modestly is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. (Aman Kumar & Anr. Vs State of Haryana) 2004(2) Criminal Court Cases 212 (S.C.)

Indian Penal Code, 1860, Section 354 - Intention or knowledge is one of the essential ingredients of offence under Section 354 Indian Penal Code - The ingredients being state of mind may not be proved by direct evidence and may have to be inferred from the attending circumstances of a given case. (Smt.Jayanti Mohapatra Vs Sri Narayan Mohanty) 2003(2) Criminal Court Cases 7 (Orissa)

Indian Penal Code, 1860, Section 354 - Offence under Section 354 Indian Penal Code - Accused alleged to have forcibly lifted the victim dragged her to a jute crop field with intention to outrage her modesty, tore her jacket, pushed her on the ground and tried to commit rape against her - Many discrepancies in the prosecution evidence - Discrepancy between evidence of P.W.1 and P.W.3, said to be independent witnesses - Presence of P.W.3 doubtful - Complaint filed after due deliberation - one 'M' who accompanied P.W.1 at the time of occurrence not examined - P.W.1 received no injuries, though she is alleged to have struggled - Accused rightly acquitted. (Public Prosecutor, High Court of A.P. Vs Nammi Narayana) 2002(3) Criminal Court Cases 323 (A.P.)

Indian Penal Code, 1860, Section 354 - Outraging modesty - Act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman. (Raju Pandurang Mahale Vs State of Maharashtra & Anr.) 2005(1) Criminal Court Cases 189 (S.C.)

Indian Penal Code, 1860, Section 354 - Outraging modesty - Culpable intention of accused is the crux of matter - Reaction of woman is very relevant, but its absence is not always decisive. (Raju Pandurang Mahale Vs State of Maharashtra & Anr.) 2005(1) Criminal Court Cases 189 (S.C.)

Indian Penal Code, 1860, Section 354 - Outraging modesty - Essential ingredient are : (1) That the assault must be on a woman; (2) That the accused have used criminal force on her and (3) That the criminal force must have been used on the woman intending thereby to outrage her modesty. (Raju Pandurang Mahale Vs State of Maharashtra & Anr.) 2005(1) Criminal Court Cases 189 (S.C.)

Indian Penal Code, 1860, Section 354 - Outraging modesty of a woman - Mere knowledge that the modesty of a woman is likely to be outraged is sufficient without any deliberate intention having such outraged alone for its object - Essential ingredients of the offence are : (i) that the person assaulted must be a woman; (ii) that the accused must have used criminal force on her, and (iii) that the criminal force must have been used on the woman intending thereby to outrage her modesty - Intention is not the sole criteria of the offence punishable under Section 354 Indian Penal CodeVidyadharan Vs State of Kerala) 2004(1) Criminal Court Cases 516 (S.C.)

Indian Penal Code, 1860, Section 354 - Outraging modesty of a woman - No cogent evidence available but accused convicted on the ground that no woman would put her character at stake - Evidence showed that parties had strained relations - A woman can make false allegations - Exact place of occurrence and manner in which purported offence of outraging modesty was committed materially differing in the assertion of witnesses - Conviction set aside. (Pandurang Sitaram Bhagwat Vs State of Maharashtra) 2005(2) Criminal Court Cases 50 (S.C.)

Indian Penal Code, 1860, Section 354 - Outraging modesty of a woman - Culpable intention of accused is the crux of the matter and reaction of the woman is very relevant. (Waman s/o Gulabrao Naik Vs State of Maharashtra) 2005(3) Criminal Court Cases 426 (Bombay)

Indian Penal Code, 1860, Section 354 - Outraging the modesty of a woman - The ultimate test for ascertaining whether the modesty of a woman has been outraged, assaulted or insulted is that the action of the offender should be such that it may be perceived as one which is capable of shocking the sense of decency of a woman - A person slapping on the posterior of a woman in full public glare would amount to outraging her modesty for it was not only an affront to the normal sense of feminine decency but also an affront to the dignity of the lady. (Tarkeshwar Sahu Vs State of Bihar (Now Jharkhand)) 2006(4) Criminal Court Cases 822 (S.C.)

Indian Penal Code, 1860, Section 354 - Outraging the modesty of a woman - Mere assault or criminal force does not amount to offence - Culpable intention to outrage the modesty of woman is to be proved. (Sasidharan Vs State of Kerala) 2005(3) Criminal Court Cases 492 (Kerala)

Indian Penal Code, 1860, Section 354 - Outraging the modesty of a woman - The ultimate test for ascertaining whether the modesty of a woman has been outraged, assaulted or insulted is that the action of the offender should be such that it may be perceived as one which is capable of shocking the sense of decency of a woman - A person slapping on the posterior of a woman in full public glare would amount to outraging her modesty for it was not only an affront to the normal sense of feminine decency but also an affront to the dignity of the lady. (Tarkeshwar Sahu Vs State of Bihar (Now Jharkhand)) 2006(3) Apex Court Judgments 598 (S.C.)

Indian Penal Code, 1860, Section 354 - Sexual teasing and assault by teacher of primary class girl students - Sexual assault, teasing and indulging in outraging modesty and molestation of girl students by calling them in office room and after closing the office room to unwear their undergarments and then teasing their private parts so also forcing them to tease his private parts for kissing, touching, sitting on his lap and further showing his penis for being caught in their hand for doing sexual act - All of the child witnesses (girls) deposed against the accused - Conviction by Courts below after carefully analysing their testimonies found the same pure and unpolluted from external omissions in police statement or even inconsistency between the Court on material particulars as to the commission of culpable act against the petitioner - Conviction upheld. (Tarachand Vs State of Raj.) 2002(1) Criminal Court Cases 327 (Raj.)

Indian Penal Code, 1860, Section 354 & 376 - Attempt to commit rape - Accused could not penetrate as he had discharged - Offence would fall under Section 354 Indian Penal CodeKishan Lal Vs State of Haryana) 2003(3) Criminal Court Cases 496 (P&H)

Indian Penal Code, 1860, Section 354 & 377 - Rape or child sex abuse - Provision of Section 327(2) Cr.P.C. shall apply to inquiry or trial of offences under Sections 354 and 377 Indian Penal Code and (i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused; (ii) the questions put in cross-examination on behalf of the accused, in so far as they relate directly to the incident, should be given in writing to the Presiding Officer of the Court who may put them to the victim or witnesses in a language which is clear and is not embarrassing; (iii) the victim of child abuse or rape, while giving testimony in court, should be allowed sufficient breaks as and when required - These directions are in addition to those given in State of Punjab v. Gurmit Singh. (Sakshi Vs Union of India & Ors.) 2004(4) Criminal Court Cases 209 (S.C.)

Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 222 - Charge framed under Section 306 Indian Penal Code - Accused found not guilty - Accused cannot be convicted under Section 354 Indian Penal Code - Offence under Section 354 Indian Penal Code is not a minor offence of Section 306 Indian Penal CodeAvvaru Ramachandra Rao Vs State of Andhra Pradesh) 2005(2) Criminal Court Cases 429 (A.P.)

Indian Penal Code, 1860, Section 354, Cr.P.C., Section 154 - Offence punishable under Section 354 Indian Penal Code - Report lodged on the next day of occurrence - Some attempts were made to reconcile the issue and when the conciliations did not fructify the complaint was longed only after due deliberations - Possibility of implicating the innocent persons due to failure of such deliberations cannot be ruled out - One day's delay in normal circumstances is not vital but in the circumstances of the present case there is every possibility to introduce some body like P.W.3, to strengthen the case of the prosecution. (Public Prosecutor, High Court of A.P. Vs Nammi Narayana) 2002(3) Criminal Court Cases 323 (A.P.)

Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 407 - Transfer of case - Complaint under Section 354 Indian Penal Code, 1860 - Petitioner born and brought up at place 'R' and she having her father's house at that place and her elder brother and elder sister residing at father's house - Petitioner would be in comfort at her parental home than the accused persons who are not residents of that place - No ground for transfer of case. (Rita Paul Bagchi Vs State of West Bengal)2006(2) Criminal Court Cases 435 (Calcutta)

Indian Penal Code, 1860, Section 354, Probation of Offenders Act, 1958, Section 4 - Outraging the modesty of woman - Release on probation - Accused about 20 years old - Court below concluded that accused cannot be at any rate more than 21 years old - No adverse antecedent found against accused - He had already suffered 12 days imprisonment - Court maintained conviction under Section 354 Indian Penal Code - Accused released on probation. (Roshan alias Ram Gopal Vs State of Rajasthan) 2005(2) Criminal Court Cases 420 (Rajasthan)

Indian Penal Code, 1860, Sections 354, 325 and 323, Probation of Offenders Act, 1958, Section 4 - Accused acted brutally by causing permanent disfigurement of face of complainant and outraged her modesty - Prayer for release on probation rejected. (Naresh Kumar Vs State of Haryana) 2005(4) Criminal Court Cases 70 (P&H)

Indian Penal Code, 1860, Sections 354, 376, Criminal Procedure Code, 1973, Section 222 - Charge framed under Section 306 Indian Penal Code, 1860 - Accused found not guilty - Accused cannot be convicted under Section 354 Indian Penal Code, 1860 - Offence under Section 354 Indian Penal Code, 1860 is not a minor offence of Section 306 of Indian Penal Code, 1860. (Avvaru Ramachandra Rao Vs State of Andhra Pradesh) 2005(2) Criminal Court Cases 429 (A.P.)

Indian Penal Code, 1860, Sections 354, 450 - Reduction in sentence - Conviction under Section 354, 450 Indian Penal Code, 1860 and accused sentenced to five years imprisonment - Incident 15 years old - Prosecutrix happily married and settled - Sentence reduced to one year subject to payment of compensation of Rs.20,000/- to the victim. (Gangal Vs State of Haryana) 2006(2) Criminal Court Cases 901 (P&H)

Indian Penal Code, 1860, Sections 354 & 377 - Rape or child sex abuse - Provision of Section 327(2) Criminal Procedure Code, 1973 shall apply to inquiry or trial of offences under Sections 354 and 377 Indian Penal Code, 1860 and (i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused; (ii) the questions put in cross-examination on behalf of the accused, in so far as they relate directly to the incident, should be given in writing to the Presiding Officer of the Court who may put them to the victim or witnesses in a language which is clear and is not embarrassing; (iii) the victim of child abuse or rape, while giving testimony in court, should be allowed sufficient breaks as and when required - These directions are in addition to those given in State of Punjab v. Gurmit Singh. (Sakshi Vs Union of India & Ors.) 2004(2) Apex Court Judgments 677 (S.C.)

Indian Penal Code, 1860, Sections 354 and 377 - Rape or child sex abuse - Provision of Section 327(2) Criminal Procedure Code, 1973 shall apply to inquiry or trial of offences under Sections 354 and 377 Indian Penal Code, 1860 and (i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused; (ii) the questions put in cross-examination on behalf of the accused, in so far as they relate directly to the incident, should be given in writing to the Presiding Officer of the Court who may put them to the victim or witnesses in a language which is clear and is not embarrassing; (iii) the victim of child abuse or rape, while giving testimony in court, should be allowed sufficient breaks as and when required - These directions are in addition to those given in State of Punjab v. Gurmit Singh. (Sakshi Vs Union of India & Ors.) 2004(4) Criminal Court Cases 209 (S.C.)

Indian Penal Code, 1860, Sections 354 and 509 - Accused gently slapped on the posterior of prosecutrix in presence of guests - Knowledge can be attributed to the accused that he was fully aware that touching the body of the prosecutrix at a dinner party would amount to outraging her modesty - By touching the body of complainant with culpable intention he committed the offence punishable under Sections 354 and 509 of Indian Penal Code, 1860. (Kanwarpal S.Gill Vs State (Admn., U.T. Chandigarh) Through Secy., & Anr.) 2005(2) Apex Court Judgments 212 (S.C.) : 2005(3) Criminal Court Cases 681 (S.C.)