3. INTRODUCTION
In order to understand the provisions related to insult or outrage the modesty
of a woman, its essential to first understand what does modesty mean. The
word ‘ MODESTY’ has been taken from latin word ‘ MODESTUS’ which
means keeping within measure. So we can infer that the minimum amount of
dignity while dealing with woman has to be kept in mind by the society,
beyond that it is considered to be outraging or insulting the modesty of a
woman.
For women their sextual sanctity is modesty and no woman can tolerate such
outrage or insult on their modesty.
MODESTY OF A WOMAN = SEXTUAL
SANCTITY
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4. INSULTING THE MODESTY OF A
WOMAN( SECTION 509)
MENS REA- INTENTION TO INSULT THE MODESTY OF A WOMAN
ACTUS REUS- UTTERING AND WORD, GESTURE, SOUND, OR OBJECT SHOWN
PROVIDED THAT THE INTENTION OF THE PERSON IS THAT THE WOMAN
SHOULD HEAR, SEE OR HEARS SUCH THING OR INTRUDES THE PRIVACY OF
THE WOMAN.
ACCUSED IF PROVED GUILTY IS LIABLE FOR IMPRISONMENT FOR UP TO 3
YEARS(SI) AND FINE HERE IS MANDATORY.
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5. OUTRAGING THE
MODESTY OF A
WOMAN(SECTION
354)
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Actus reus- assault/ use of criminal force
Mens reus- To cause or likelihood of outraging modesty of a
woman
Punishment not less than 1 year but can be extended to 5 years
and fine is mandatory.
6. RUPAL DEO BAJAJ V.
KANWAR PAL SINGH
1995
• Modesty is the sextual santity of a woman.
• Slapping on the posterior of a woman amounts to outraging the
modesty of a woman in front of the crowd. If man not touching
woman in sextual parts then it is not a case of outraging the
modesty of a woman.
• But if man pulls a woman towards himself so that front part of
woman touches him then it also amounts to outraging the
modesty of a woman.
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7. STATE OF P.B V.
MAJOR SINGH 1967
• Whether woman unconscious of sextual sanctity or girl child
then also it will amount to outraging the modesty of the woman.
• Woman is considered t have sanctity and dignity from birth.
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8. SEXTUAL
HARASSMENT(
SECTION 354 A)
Man who :
• Makes physical contact and advances unwelcomed gestures( in
sextual sense) or
• Demand or request for sextual favours or
• Showing porn against the will of a woman or
• Making sextually coloured remarks( innuendo)
For first three points the accused can attract the imprisonment of 3
years of R.I or with fine or both. For fourth point the accused can
be punished up to 1 year imprisonment or with fine or both.
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9. INTENT TO DISROBE
(SECTION 354 B)
Actus reus- Assault/criminal force/abets.
Mens rea- Intention to disrobing a woman or compelling her to
disrobe.
Mandatory punishment of not less than 3 years and can be
extended up to 7 years fine here also.
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10. VOYEURISM
(SECTION 354 C)
Means when woman involved in private act eg. Using lavatory,
underwear, sextual activity etc.) in short when she is not concerned
about her sextual sanctity.
Man watches or captures her engagement in some activity above.
She has no expectation of being watched/captured
For the first time punishment not less than 1 year and can be
extended up to 3 years and fine mandatory. For subsequent
commission not less than 3 years which can be extended up to 7
years and fine.
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11. Explanation 1- private act includes, victims genitals, posterior,
breasts are exposed or covered only in under garments or lavatory
or sextual act.
Explanation 2- Where woman consents for image or any act but not
to be shown to any 3rd person and when disseminated such act
shall also be liable under the same section.
For application of this section woman must be engaged in some
private act and not public act.
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12. STALKING (SECTION
354 D)
Man who follows a woman and contacts of attempts to contact
such woman( with woman’s express or implied disinterest in such
contact).
• To foster personal interaction repeatedly, despite clear interest
by woman. (not for sextual interaction for normal interaction
only) or
• Monitors the use by a woman of the internet, email or any form
of electronic communication.
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13. Exceptions:-
• It was pursued for the purpose of preventing or detecting crime
and man accused had been entrusted with the responsibility of
prevention and detection of crime by state.
• Done under any law.
• Done, where circumstances are just and reasonable.
For first conviction under section 354 D, accused can be sentenced
to imprisonment up to 3 years and fine. For subsequent conviction
the imprisonment can be extended up to 5 years and fine.
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14. GENDER
NEUTRALITY
The section 354 IPC is gender neutral as anyone can outrage the
modesty of a woman, recently in metropolitan magistrates court it
was held that a woman can also be held liable for outraging the
modesty of a woman as she tore the clothes of the victim in front of
the crowd. Therefore the mother of 3 children was sentenced to 1
year imprisonment by the metropolitan magistrate.
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15. CONCLUSION
The outraging of the modesty of a woman is a punishable offence
under the Indian Penal Code 1860. Prior to Nirbhaya case i.e.
before 2012 there were not effective provisions relating to
outraging the modesty of a woman, rape definition was widened
etc.
Women and men both should be respected and treated with dignity
as man is a social being and cannot exist without society so before
disrespecting others one should know what law says and breaking
the law is punishable at all times.
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