Assault against women: Sections 354A-D of IPC

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Introduction

Assault against women is a matter of great concern constituting a grave violation of their basic human rights. Any kind of violence or crime against them leaves a deep impact on their lives affecting their day-to-day activities and potential to grow. Such incidents are required to be managed so that every woman and girl in this world can live with honor, respect, liberty, peace, and dignity. In Indian law, various legal provisions protect women and girls from any sort of violence or crime against them. Some of the important provisions for victim women are illustrated under the Indian Penal Code, 1860. In this article, we will delve into the important provisions that illustrate offences affecting the human body specifically of a woman via criminal force and assault. We will cover Section 354, Section 354A, Section 354B, Section 354C, and Section 354D of the Indian Penal Code, 1860.

Offences against women under IPC

Assault or criminal force to woman with intent to outrage her modesty

Assault on a woman with an intention to outrage her modesty or an offence of molestation is defined under Section 354 of the Indian Penal Code, 1860. It aims to protect women from any indecent or filthy behavior by others that belittles their modesty. The term ‘outrage modesty’ is not defined or explained under the IPC but the court has interpreted the same in various case laws. “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 shall not be less than one year but which may extend to five years, and shall be liable to fine,” as per Section 354 of the IPC. There are certain essential elements of the offence under Section 354 which are listed as follows:

• A victim of assault or a person assaulted by any other person must be a woman.
• Some sort of criminal force must be used by the accused on the victim (woman).
• Presence of an intent to outrage the modesty of the victim (woman).

In case, any person intends to insult the modesty of a woman by uttering any word, making any sound or gesture, or exhibiting any object intending that such a word or sound should be heard or such gesture or object should be seen by the woman then under Section 509 of the IPC, such a person should be punished with an imprisonment for a term which may extend to 3 years and also with a fine. 

Sexual harassment and punishment for sexual harassment

According to Section 354A of the IPC, 1860, a man committing an act such as 

1. Making physical contact and advances involving unwelcome and explicit sexual overtures; or
2. Demanding or requesting sexual favors; or
3. Showing pornography against the will of women; or
4. Making sexually colored remarks

should be guilty of the offence of sexual harassment. This Section was added to the IPC through the Criminal Law (Amendment) Act, 2013 after the Supreme Court’s judgment concerning the issue of sexual harassment of women at workplace. As per this Section, any individual who commits an offence as mentioned above in points (1), (2), and (3) should be punished with rigorous imprisonment for a term extending to 3 years or a fine or both. On the other hand, if an individual commits an offence by making sexually colored remarks against a woman then he/she should be punished with imprisonment for a term that may extend to 1 year or a fine or both. To deal with sexual harassment at workplace, a special act was enacted in 2013 to protect women against sexual harassment at workplaces, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. 

Assault or use of criminal force to woman with intent to disrobe

Section 354B of the Indian Penal Code, 1860 deals with ‘assault or use of criminal force to woman with intent to disrobe’ as well as illustrates punishment for those who commit such an offence. It states that “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.” Certain essential elements of the offence include:

• A man should be the accused who is committing the assault.
• There should be the use of criminal force or abetment or assault of any such act.
• The intention of disrobing or compelling the victim (woman) to be naked.

Voyeurism

According to the Merriam-Webster dictionary, the word, ‘voyeurism’ means, “the practice of obtaining sexual gratification from observing others” or “the practice of taking pleasure in observing something private, sordid, or scandalous”. In simple words, it is elucidated as an interest in observing people while they are naked, undressing, or engaged in any sort of sexual act. Section 354C of the IPC, 1860 penalizes the offence of voyeurism. It states that “Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished…” On a first conviction, the accused should be punished with imprisonment for a term not less than 1 year but may extend to 3 years and should be liable to fine. On second or subsequent conviction, the accused should be punished with imprisonment not less than 3 years but may extend to 7 years and should be liable to fine. 

Moreover, the Section also illustrates the term ‘private act’ stating that “private act includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.” If the victim consents to the capture of the images or any act but not to their dissemination to third persons then such dissemination should be considered an offence under Section 354C.

Stalking

It is illegal to follow or try to contact a woman either physically, over the internet, or by any other means without her interest. The term that defines this is known as ‘stalking’. As per the Merriam-Webster dictionary, the term stalking means, “the act or crime of willfully and repeatedly following or harassing another person in circumstances that would cause a reasonable person to fear injury or death especially because of express or implied threats.” There are various stalking laws in India whereas it is governed under Section 354D of the IPC, 1860. This Section states that “any man who-

• follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
• monitors the use by a woman of the internet, email, or any other form of electronic communication,

commits the offence of stalking.” The one who commits this offence is punished with imprisonment for a term extending to 3 years and should be liable to a fine on the first conviction. In case of the second conviction or subsequent conviction, the accused should be punished with imprisonment that may extend to 5 years and should be liable to a fine. Section 354D also highlights certain exceptions, where conduct should not amount to stalking if the man who pursued proves that it was pursued to prevent or detect crime or pursued under any law or in particular circumstances such conduct was reasonable and justifiable.

Related Case Laws

• Ram Das vs. State of West Bengal (February 24, 1954)
• State of Punjab vs. Major Singh (April 28, 1966)
• Rupan Deol Bajaj vs. K.P.S. Gill (October 12, 1995)
• Raju Pandurang Mahale vs. State of Maharashtra & another (February 11, 2004)
• Ramkirpal vs. State of Madhya Pradesh (March 19, 2007)

Conclusion

Indian Penal Code plays a significant role in protecting women from any kind of criminal force and assault but despite this, the rate of crime against women is increasing tremendously. To moderate such a rate, there is a need for change in the attitude and behavior of people towards women. The inculcation of moral values, social ethics, and respect in an individual would act as a supplement factor to reduce the crime rate against women.