Section 354 IPC: ACCORDING TO LAW
Section 354: Assault or criminal force to a lady with intent to outrage her modesty.
So let’s see about “Section 354 IPC: ACCORDING TO LAW”
Section 354 IPC states the act of any criminal force committed on a lady with the intention to outrage her modesty.
The extent of IPC 354 widened with the insertion of 4 new sections through the legal code modification Act (13 of 2013).
These sections area unit Section 354 A, Section 354 B, Section 354 C, and Section 354 D severally.
Sec 354 IPC, as outlined states that “ whoever assaults or uses criminal force to any lady.
Meaning to outrage or knowing it to be seeming that he can thereby outrage her modesty.
Shall be rebuked with imprisonment of either description for a term that shall not be but one year.
However which can be 5 years and shall even be prone to fine.
The term ‘assault’ means that to cause a physical attack.
Assault does not solely mean that the things wherever a lady is physically mistreated.
It conjointly includes any verbal acts likewise as gestures of an individual meaning to outrage the modesty of a lady.
Section 354 A- molestation and penalty for sexual harassment:
1. a person committing any of the subsequent acts-
Physical contact and advances involving unwelcome and specific sexual overtures;
or A demand or request for sexual favors;
or Showing smut against the desire of a woman;
or Making sexually colored remarks.
Shall be guilty of the offense of molestation.
2. Any man World Health Organization commits the offense laid out in clause (i) or clause (ii) or clause (iii) of subdivision (1) shall be
rebuked with rigorous imprisonment for a term which can be 3 years, or with fine, or with each.
3. Any man World Health Organization commits the offense laid out in clause (iv) of subdivision (1)
shall be rebuked with imprisonment of either description for a term which can be one year, or with fine, or with each.
This section clearly states that the act of molestation caused by an individual is punishable.
Molestation isn’t solely an associate degree offense against a personal lady, rather it’s a wrong against public morals and tight behavior.
The term of imprisonment differs on the premise of the gravity of the offense.
Section 354A could be a knowable offense, bailable likewise which may be tried by any adjudicator
Section 354B- Assault or use of criminal force to a lady with intent to disrobe
Any man World Health Organization assaults or uses criminal force to associate degree lady or abets.
such act with an intention of disrobing or compelling her to be naked.
Shall be rebuked with imprisonment of either description for a term that shall not be but 3 years however which can be seven years
And shall even be prone to fine.
This section clearly states that a person with the intent to disrobe(undress) a lady.
Victimization of the criminal force shall be answerable for a prescribed term of penalty.
The offense beneath this section is additionally a knowable offense, however Non-bailable.
Cases beneath this section will be tried by any adjudicator.
Section 354C- Voyeurism:
Any man World Health Organization watches captures the image of a lady participating in a very non-public act in circumstances.
Wherever she would sometimes have the expectation of not being discovered either by the wrongdoer or by the other person.
At the bidding of the wrongdoer or disseminates, such image shall be rebuked on 1st conviction.
With either description for a term that shall not be but one year, however which can be 3 years.
And shall even be prone to fine, and be rebuked on a second or resulting conviction.
With imprisonment of either description for a term that shall not be but 3 years.
However which can be seven years, and shall even be prone to fine.
Explanation to the current section as provided beneath the Act is as follows-
For the aim of this section, “private act” includes associate degree act of looking dole out in a very place that.
Within the circumstances, would fairly expect to produce privacy and wherever the victim’s sex organ.
Posterior or breasts area unit exposed or coated solely in underwear, or the victim is employing a lavatory.
Or the victim is doing a sexual act that’s not of a form commonly tired public.
Where the victim consents to the capture of the pictures or any act, however to not there.
Dissemination to the third persons and wherever such image or act is disseminated, such dissemination shall be thought of as associate degree offense beneath this section.
This section makes a person liable if he designedly watches or captures the image.
Of a lady doing non-public acts, that area unit to be performed within the utmost privacy, and therefore the lady believes that she isn’t discovered by anyone.
Also, if a lady provides her consent to capture her image or permits her to try and do any act. however not with the aim that it’ll be exposed to a 3rd person.
If the person shares the image or spreads it on a large scale, his act can quantity to the offense beneath the reach of this section and shall be prone to penalty.
The offense committed beneath this section could be a knowable offense and bailable at the time of 1st conviction.
However, if the wrongdoer repeats the offense, the character of the offense is knowable and non-bailable.
At the time of second conviction.
In each case, the offense is triable by any adjudicator having the jurisdiction of the matter.
Section 354 D- Stalking:
1. Any man who-
Follows a lady and contacts, or makes an attempt to contact such lady to foster personal interaction repeatedly despite a transparent indication of neutrality by such woman.
Or Monitors the utilization by a lady of the web, email, or the other kind of transmission.
Commits the offense of stalking:
Provided that such conduct shall not quantity to stalking if the person WHO pursued it proves that:-
It was pursued with the aim of preventing or police investigation crime and also the man defendant of stalking.
Had been entrusted with the responsibility of interference and detection of crime by the State.
It was pursued below any law or to adjust to any conditions or demand obligatory by somebody below any law.
In particular circumstances, such conduct was cheap and even.
2. Whoever commits the offense of stalking shall be rebuked on initial conviction.
With imprisonment of either description for a term which can reach 3 years, and additionally shall be prone to fine.
And be rebuked on a second or ulterior conviction, with imprisonment of either description.
For a term which can reach 5 years, and shall even be prone to fine.
This section clearly explains that the act of someone, wherever despite the interest of a lady.
If he’s found endlessly stalking her, mistreatment completely different measures, like by following, contacting, stalking her activities.
On the web and then on, shall be chargeable for committing the offense of Stalking below the Indian legal code.
With relation to the acts that quantity to stalking, there are bound exceptions provided in place of this section.
If the person was endlessly doing an associate degree act in reference to stop or discover a criminal offense.
wherever he was sure by the law, or if he justifies the rationale for following.
Or keeping a check on the activities of a lady, shall not be chargeable for the offense of stalking.
So that’s all about “Section 354 IPC: ACCORDING TO LAW”
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