What is Section 354 A IPC?
—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.
What is modesty of a woman?
In general, the term modesty means the sexual dignity of a woman which is acquired by her since the time of her birth. The word �outrage� implies a physical act. Meaning of term modesty in the context of Section 354 of IPC. The Supreme Court defined modesty “as the essence of a woman�s modesty is her sex.
Is Section 354 a bailable?
Section 354A is a cognizable offence, bailable as well which can be tried by any magistrate.
Can we get bail in IPC 354?
354 of IPC is not made out. The essential ingredients of section 354 of IPC are lacking. The applicant cannot be denied bail in this offence, but the applicant has apprehension of being arrested and, therefore, he deserves protection of anticipatory bail, Dr.
Is IPC 354 bailable?
The ambit of Section 354 Indian Penal Code is way wide. Also, it is a cognizable offence and Non-bailable as well. In order to provide protection against the act of sexual assault further sections were added.
Can a husband outrage the modesty of his wife?
It is conceivable that in case the husband assaults or uses criminal force against her wife the act will amount to an outrage under section 354, irrespective of the fact whether it was done with or without her consent or in the absence of a third party.
Can a woman be accused under section 354 IPC?
Yes……
Is 354 B Compoundable or not?
No section 354b is not compoundable. “Assault or use of criminal force to woman with intent to disrobe that is section 354b”.
Which section of 354 is non-bailable?
IPC 354 is a Non-bailable offence.
How do I fight false 354?
If you are innocent then first of all send your notice to all the police officers for falsely filing case against you. Then , you will have to file Petition in High Court for action against the police officers for false case.
Can I get anticipatory bail in 354?
As per the above discussion for getting anticipatory bail in section 354 IPC, a person would have to show that his act was not with intent to outrage her modesty.
What are some examples of modesty?
An example of modesty is when you are a great violin player and you simply say “I enjoy playing” when someone asks you if you are any good or not. An example of modesty is when you wear a shirt over your bathing suit because you don’t want to show off too much of your body.
What is the meaning of Section 354 of IPC?
· The Section 354 mentions ‘to outrage modesty of woman’ but the section does not define what modesty is? ‘Outrage the modesty of woman’ is a vague term. What can be termed as modesty for one woman, need not necessarily be the same for some other woman.
Is section 354c cognizable and bailable?
Section 354C is cognizable, bailable at first conviction, cognizable and non-bailable at the second conviction. The term stalking refers to a form of harassment which comprises of the repeated and persistent intention of harming or causing fear to the person who is being followed.
Is Section 354 a gender-neutral section?
PS: Section 354 is gender-neutral and even a woman can outrage the modesty of another woman as the terminology of the section goes “whoever assaults or uses criminal force…”
What is the punishment for section 354A?
Punishment for the first three offenses is imprisonment up to three years, or with fine, or both, whereas punishment for the last offense is imprisonment up to one year, or with fine, or both. Section 354A is cognizable, bailable and can be tried by any magistrate.