This document discusses Indian laws related to outraging the modesty of women and other related offenses. It outlines six main provisions under the law: 1) outraging the modesty of a woman, 2) sexual harassment, 3) disrobing, 4) voyeurism, 5) stalking, and 6) insulting the modesty of a woman. It provides details on the punishments and definitions for each provision. It also summarizes several court cases related to these laws as examples.

1. Outraging Modesty of Women
Introduction:
The law makes it a special crime to use force against a woman, or even threaten
to use force, if the intention is to 'outrage her modesty'. It treats it more
seriously than normal assault and criminal force by allowing the police to make
arrests for such crimes without a warrant.
The law does not explain what 'outraging modesty' means. Courts usually make
this determination by looking at all circumstances surrounding the incident. The
Supreme Court referred to 'modesty' as feminine decency and a virtue that
women possess owing to their sex.
Important: It is not enough that the victim's modesty is outraged. It is an
offence only when the accused intended or knew it to be likely that the acts in
question would outrage the victim's modesty.
Example: Ramesh pulls on Nina's clothes while playing Holi and rips her t-shirt
apart. It is a crime only if Ramesh intended or knew it to be likely that his acts
would outrage Nina's modesty.
Provisions under the law:
1. Outraging the Modestyof a Woman:
 Section 354 of the IPC punishes a personif he assaults or uses criminal
force with the intention of outraging the modesty of a woman.
 Punishment : Minimum 1 year but which may extend to 5 years plus fine
: Non-Bailable Offence
 The expression ‘woman’ in section 354 includes woman of all age
including a child.
 In the case of State of Punjab v. Major Singh, it was held by the
Supreme Court that the essence of a woman’s modesty is her sex. Even a
female of tender age from her very birth possessesthe modesty which is
the attribute of her sex.

2. 2. Sexual Harassment:
 Section 354-A of the IPC punishes a personif he commits any of the acts:
1. Physical contact and advances involving unwelcome and explicit sexual
overtures; or
2. Demand or request for sexual favours; or
3. Showing pornography against the will of a woman; or
4. Making sexually coloured remarks
 Punishment : Maximum 3 years or fine or both
: [For sexually coloured remarks – 1 year or fine or both]
: Bailable Offence
3. Disrobing:
 Disrobing is humiliating a woman publicly by stripping her or making her
nude.
 Section 354-B of the IPC punishes a person if he assaults or uses criminal
force on a woman with the intention of –
1. Disrobing, or
2. Compelling her to be naked
 Punishment :Minimum 3 years but which may extend to 7 years plus fine
: Non-Bailable Offence
4. Voyeurism:
 Voyeurism is the practice of spying on people engaged in intimate
behaviours, such as undressing, sexual activity, or other actions usually
considered to be of a private nature.
 Section 354-C of the IPC punishes a man if he –
1. Watches, or
2. Captures the image of a woman, or
3. Disseminates such images
Engaged in a private act or in the circumstances where she expects that no
one is observing her.
 However, if the victim consents to the capturing of the image or the act
but not to the dissemination to third persons but still if the person

3. disseminates those images then also he will be liable for the offence of
voyeurism.
 Punishment : Minimum 1 year but which may extend to 3 years plus fine
(Bailable Offence) [Subsequent conviction – Minimum 3 years but which
may extend to 7 years plus fine (Non-Bailable)]
5. Stalking:
 Stalking means following or contacting the victim in person or
monitoring her by electronic means despite indication of disinterest
shown by her.
 Section 354-D of the IPC punishes a man if he follows or contacts a
woman despite clear indication of disinterest by suchwoman.
1. Physically – Physically following or contacting or attempting to contact
woman to foster personal interaction
2. Electronically – Monitoring the use by a woman of the internet, e-mail or
any other form of electronic communication
 However, a personwill not be liable for the offence of stalking if he
proves that:
1. It was pursued for the purposeof preventing or detecting crime
2. It was pursued under any law or to comply with any condition or
requirement
3. There was reasonable or justified conduct
 Punishment : Maximum 3 years plus fine
: [Subsequent conviction – Maximum 5 years plus fine]
: Bailable Offence [Subsequent offence – Non-Bailable]
6. Insulting the modesty of a woman:
 Section 509 of the IPC punishes a personif he:
1. Utters any word
2. Makes any sound or gesture, or
3. Exhibits any object
With the intention that such word or sound shall be heard, or that such
gesture or object shall be seen, by such woman, or intrudes upon the privacy
of such woman.

4.  Punishment – Maximum 3 years and fine (Bailable Offence)
 The object of section 509 is to protectthe modesty and chastity of a
woman. Any song, picture, or figure exhibiting lewd suggestions are
considered as immoral and insulting women’s modesty.
Cases:
1. In case of State of Punjab vs. Major Singh AIR 1967 SC 63 : Supreme
court held that even a female of tender age from her birth possess
modesty which is attributable to sex.
2. In case of Kailash v. State of Maharashtra (2011) 1 SCC 931, the victim
belonged to a Bhil tribe of Maharashtra. She was beaten with fists, kicks
and stripped naked by he accused persons. The Supreme Court upheld
judgment of the High Court convicting the appellant under we Sections
452, 354, 323 and 506 Part II, IPC read with Section 34 of IPC. It was
observed that it was shameful, shocking and outrageous and dishonour of
victim called for harsher punishment.
3. In case of State of Maharashtra v. Manohar [1994 Cri. LJ 2536 (B010], a
woman came out early in the morning to fetch-water from the village
well. The accused caught her hand and forcefully pulled her to him to be
taken to a nearby place. She resisted and raised alarm. Her bangles were
broken and she was injured. The accused was found guilty of the offence
of outraging modesty under Section 354 of IPC and convicted.
4. In People's Union for Democratic Rights v. Police Commissioner [(1 989)
4 SCC 730], some labourers including a woman were taken to a police
station for some work. When they demanded wages, they were beaten up.
The woman was stripped bare and thrashed. The matter came up before
the Supreme Court in a writ petition under Article 32 of the Constitution.
The Supreme Court held that offence under Section 354 IPC was
established with the reference to the woman and awarded compensation
to be recovered from the salary of guilty officers.
5. In case of K.P.S. Gill v. State [(2005) 6 SCC 161], the Director General
of Police of the State of Punjab at a dinner party slapped the posterior of
Prosecutrix an IAS officer, in the presence of guests. The Supreme Court
held that the personhas committed the offence under Section-354 & 509
of IPC.