IPC Section 354 - Sections Related to Sexual Assault

Sections Related to Sexual Assault - IPC Section 354

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:40 PM IST

In the present time, offences against women are increasing all over the world. Many legislations of the world provide various kinds of rights to safeguard the modesty of women. But in the long run, a woman goes through many offences which some way or the other puts the modesty of a woman in danger. In India, a woman goes through many such offences which hinder the modesty of a woman in many ways. Like many legislation around the world which punishes offences against a woman, India too has its legislation established to safeguard the rights of a woman. Legislation in India like the Domestic Violence Act 2005, The Dowry Prohibition Act 1961 and also the Indian Penal Code 1860 lays down certain provisions to safeguard women from such offences under Criminal Law.

This Story also Contains

Laws on Offences Against Women
IPC Section 354 - Sexual Assault that Outrages Modesty
IPC Section 354A - Sexual Harassment of a Woman
IPC Section 354B - Assault or Criminal Force to Disrobe a Woman
IPC Section 354C - Voyeurism
IPC Section 354D - Stalking
Conclusion

Sections Related to Sexual Assault - IPC Section 354

This article talks about the different sections of the IPC that deal with offences against women and has also incorporated remedies and punishments for the same. This article will discuss Section 354A of IPC to Section 354D of IPC 1860.

Laws on Offences Against Women

The Indian law system has incorporated and established various sections and legislation to safeguard the rights of a woman. These laws were established after a long history of protests by the women's community, different human rights groups, and women's and children's rights organisations. Here are some of the legislations that exist in India to safeguard the rights of a woman in Legal Studies.

The Domestic Violence Act 2005
The Dowry Prohibition Act 1961
The Child Marriage Restraint Act 1929
The Immoral Traffic Prevention Act of 1956
The Indecent Representation of Women (Prohibition) Act 1986
The Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013

IPC Section 354 - Sexual Assault that Outrages Modesty

Section 354 of the IPC deals with sexual assault and harassment towards a Woman to outrage her modesty. The main objective of this section is to protect women from all sorts of indecent and outrageous behaviours which some way or the other hinder their rights. Such an offence of assaulting a woman not only the individual but also affects society at large.

According to Section 354 of the Indian Penal Code 1860, anyone who assaults or uses criminal force against a woman to upset her or knows that doing so will likely cause her to lose her modesty faces a minimum of one year in prison and a maximum of five years in prison, in addition to a fine.

Essentials of IPC Section 354

The essential conditions to be fulfilled to constitute an offence under Section 354 of the Indian Penal Code 1860 are as follows-

The assault should be on a woman

According to Section 10 of the Indian Penal Code, a woman is any female human being, regardless of age, from a baby to an elderly woman. A woman must have been the victim of the offence for it to fall under section 354 of the IPC, and it must have affected the woman's modesty.

Intention and knowledge of the act should be present

The primary element that determines whether an accused person is found guilty or not depends on their intention. The act of committing is likewise contingent upon the existence of knowledge. The charges are then evaluated, and the appropriate punishment is meted out.

Assault or Criminal Force must be Present

Assault is incorporated under Section 350 of the IPC and Criminal Force is incorporated under Section 351 of the IPC. According to the definition of assault, it is the conduct of any individual knowing that another person will interpret their gesture or action as an attempt to cause them pain, injury, or fear. According to the definition of criminal force, any use of force with the intent to injure, frighten, or irritate someone without that person's consent and with the knowledge that doing so will do so is considered criminal force. According to Section 354 of IPC, both assault and criminal force are essential to constitute an offence under the same.

Act outraging the modesty of a woman

Any act which some or the other outrages the modesty of a woman will be termed as an offence against a woman and is an important essential under Section 354 of the Indian Penal Code 1860.

Punishment Under IPC Section 354

Any person who assaults a woman intending to outrage her modesty will be punishable under the code for a minimum term of one year in prison and the term in prison may extend to five years fine or both.

Relevant Case Law

In the case of Raju Pandurang Mahale v. State of Maharashtra

In this case, the accused on false pretences brought the victim to his house. The accused confided the victim in their house and forced her to consume alcohol and later the victim was disrobed and her nude photographs were clicked. The Supreme Court in this case held that the accused was guilty under Section 354 of the Indian Penal Code, as the act outraged the modesty of a woman.

IPC Section 354A - Sexual Harassment of a Woman

Section 354A of the IPC deals with sexual harassment of a woman. However, certain criteria must be fulfilled as given below-

If the accused makes physical contact and advances that contain unwelcome and explicit sexual acts
If the accused demands or requests sexual favours
If the accused forces a woman to watch pornography against her will
If the accused makes sexually inappropriate remarks

According to Section 354A of IPC, any offence under this Section is bailable, cognizable and can be tried by a magistrate. If an accused commits any of such acts as given under Section 354 Clause 1, clause 2 and Clause 3 shall be punished with rigorous imprisonment for a term which may extend to three years or a fine and both.

If an accused commits such acts as given under Section 354 Clause 4 shall be punished with rigorous imprisonment of one year or a fine and both.

IPC Section 354B - Assault or Criminal Force to Disrobe a Woman

Section 354B of the Indian Penal Code 1860 deals with assault or use of criminal force against a woman to disrobe her or force her to be naked.

According to Section 354B of the Indian Penal Code 1860, any man who assaults or uses criminal force on any woman or abets such act to disrobe or compel 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.

Essential elements of IPC Section 354B

The essential elements to constitute an offence under Section 354B of IPC are-

The accused should be a men
There should be the use of assault and criminal force or abetment in the offence
The intention of the offender should be to disrobe a woman or force her to get naked

Punishment for Disrobe of a Woman

According to Section 354B of IPC when a person commits an act of disrobing women or is forced to get naked, shall be punished with imprisonment for a term which may be for three years and extend up to seven years or with fine or both. An offence under this section is non-bailable, cognizable and can be tried by a magistrate.

IPC Section 354C - Voyeurism

Section 354C of the Indian Penal Code 1860 deals with Voyeurism which means when a man watches or clicks photos of a woman who is engaged in a private act like changing clothes or being naked or engaged in any sexual activity and it is unexpected for the woman. This act can be termed as Voyeursim.

According to provisions of IPC any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually expect not to be observed by anybody can be considered to have committed the act of Voyeurism.

Punishment for Voyeurism

According to Section 354C of the Indian Penal Code 1860, if a person commits an offence of Voyeurism in the first conviction shall be imprisoned for a term of one and may extend to three years or fine or both.

In the case of Subsequent conviction, shall be imprisoned for three years and may extend to seven years or fine or both.

Relevant Case Law

In the Ritu Kohli Case

In this case, the victim Ritu Kohli filed a suit against Manish Kathuria for allegations of stalking via social media and used to text her using derogatory language and marks, and the accused also shared her account with many users and as a result, the victim received multiple calls from unknown users. The Delhi police recorded the FIR under Section 509 of the IPC and further actions were taken against Manish Kathuria

IPC Section 354D - Stalking

According to Section 354D of the Indian Penal Code 1860, a man follows a woman every day or attempts to establish contact with a woman to foster a personal connection despite repeatedly being rejected by the woman. Also, any man who monitors any woman on the internet, social media accounts or any electronic medium falls under the category of stalking.

Exceptions to the offence of stalking

Under Section 354D of the Indian Penal Code, the exceptions given are-

If the purpose of following is to prevent or detect a crime will not be termed as stalking
If a person follows the instruction given by a legal authority to investigate or detect a crime
If a person stalks in such circumstances which is defendable and reasonable by the law.

Essential Conditions of Stalking

The essential conditions to constitute an offence of stalking under section 354D of the Indian Penal Code 1860 are as follows-

The Act must be committed by a man
The following man tried to establish any contact with a woman against her will
The man should have repeated the act
The woman should have repeatedly shown dis-interest

Different Forms of Stalking

In the context of India, there are two types of stalking they are as follows-

Physical Stalking

It is a type of stalking in which a stalker physically follows a girl and tries to establish contact physically to achieve their intentions. This type of stalking makes the victim uncomfortable, and anxious and causes inconvenience to the victim. Physical stalking hinders personal boundaries and freedom of the victim.

Electronic Stalking

In this type of stalking the accused uses various electronic mediums to stalk the victim and threaten or disturb the victim mentally. This type of online stalking is dealt with by cybersecurity experts and cybersecurity cells established by the police and the appropriate government authority.

Different Types of Stalkers

1. Rejected Stalkers

A stalker who has been rejected by a girl whom he proposed to or has broken up from a relationship starts to stalk the person to patch things up even after disinterest by the victim. To regain the relationship or manipulate the victim can be termed as a rejected stalker

2. Resentful Stalkers

Anger, bitterness, and a desire for vengeance are all harboured by resentful stalkers toward their victims. They might stalk in an attempt to scare, intimidate, or induce guilt in the target for imagined transgressions or slights. They believe they have some control over the victim and believe they have been abused in some way. These stalkers can be self-righteous and self-pitying, and they frequently suffer from some type of mental disease. Their main intent is frequently to arouse anxiety or inflict mental pain.

3. Heroic Stalker

When a person establishes a contact to win a romantic relationship with a girl or tries to make a connection in other types of closeness to win love can be termed as a heroic stalker.

4. Predatory Stalker

In this type of stalking the accused may have sexual desires for which tries to establish contact with the victim even after the disinterest shown by the victim leads to predatory stalking. In the case of Predatory stalks might also lead to sexual assault in the end.

5. Incompetent Stalker

These types of stalkers are the ones who fail to come into a romantic relationship with a girl and then stalk the victim, unaware of the fact that the victim is facing inconvenience and uncomfortable because of the stalking can be termed as an incompetent stalker.

6. Intimacy seeking stalking

An intimacy-seeking stalker is generally a lunatic and is of unsound mind and thinks that the victim will eventually love them if they continuously stalk the victim without being aware of the consequences can be termed as intimacy-seeking stalking.

7. Hitman

In the case of Hitman, the main motive of the stalker is to cause injury or kill the person whom he is stalking. Generally, a hitman is hired to kill someone. This is the most heinous type of crime and in the ambit of stalking.

Punishments for Stalking

According to section 354D of IPC an offence of Stalking on the first Conviction the stalker shall be punished with imprisonment for a term not exceeding three years or with a fine or both. In secondary Conviction, the stalker shall be punished with imprisonment for a term not exceeding five years or with a fine or both.

Relevant Case Laws on Stalking

In the case of Santosh Kumar v. State Through CBI

In this case, a law student named Priyadarhshini Mattoo was raped and killed in her home in New Delhi. Mr. Santosh Kumar son of an IPS officer used to stalk the victim after the victim repeatedly showed disinterest. He was subject numerously for stalking, harassing and abusing the victims. A complaint was also filed in the Maurice Nagar Police Station under IPC 354D. A complaint was also made to the dean of the university in the past.

On January 23, 1996, the accused raped and killed the victim while she was alone at her home. As the evidence was fabricated by the CBI a proper investigation was not carried out according to the legal processes set by the law. The case was taken over by the trial Court.

The accused was sentenced to the death penalty by the court initially by the High Court and later the Supreme Court commuted the punishment to life imprisonment.

Conclusion

Section 354 to section 354D of the Indian Penal Code 1860 deals with the offences towards women. This article talks about the different offences against women as given under the Indian Penal Code. Starting from sexual harassment for outraging modesty of women to stalking under section 354D of IPC, the articles mention the provisions under the law and punishments under the code. In a country like India where women face many offences daily all the people need to know their rights to tackle such situations.

Frequently Asked Questions (FAQs)

1. What is Section 354 of IPC?

Section 354 of the IPC deals with sexual assault and harassment towards a Woman to outrage her modesty.

2. What is Section 354C of IPC?

3. Is Section 354 bailable?

Section 354 of IPC is a non-bailable offence

4. What is the minimum punishment under Section 354 IPC?

According to Section 354 of the Indian Penal Code 1860, anyone who assaults or uses criminal force against a woman faces a minimum of one year in prison and a maximum of five years in prison, in addition to a fine.

5. What is Section 354D of IPC?

Section 354D of the IPC deals with the offence of Stalking.

6. What is the primary purpose of IPC Section 354?

IPC Section 354 primarily aims to protect women from assault or criminal force intended to outrage their modesty. It criminalizes acts that violate a woman's dignity and personal space without her consent.

7. How does the law define "modesty" in the context of Section 354?

The law doesn't provide a specific definition of "modesty." Courts interpret it as a woman's sense of decency, honor, and self-respect. It's subjective and can vary based on societal norms and individual perceptions.

8. Is Section 354 gender-specific?

Yes, Section 354 is gender-specific. It specifically protects women against assault or criminal force intended to outrage their modesty. Men are not covered under this section as victims.

9. What are the key elements required to establish an offense under Section 354?

The key elements are: (1) use of assault or criminal force, (2) against a woman, (3) with the intention or knowledge that it will outrage her modesty. All these elements must be present for the offense to be established.

10. Can words alone constitute an offense under Section 354?

Generally, no. Section 354 requires the use of assault or criminal force. Mere words, without any physical contact or threat of force, typically do not fall under this section. However, words accompanied by threatening gestures might be considered.

11. What is the difference between Section 354 and Section 354A?

While Section 354 deals with assault or criminal force to outrage a woman's modesty, Section 354A specifically addresses sexual harassment. 354A includes unwelcome physical contact, demand for sexual favors, showing pornography against will, and making sexually colored remarks.

12. How does Section 354 relate to workplace harassment?

While Section 354 can be applied to cases of workplace harassment involving physical contact, more specific laws like the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, are typically used for workplace-related sexual offenses.

13. Can Section 354 be applied in cases of online harassment?

Section 354 primarily deals with physical acts. For online harassment, other sections like 354A (sexual harassment) or provisions of the Information Technology Act are more commonly used. However, if online actions lead to physical confrontation, Section 354 might apply.

14. How does Section 354 address the issue of eve-teasing?

While Section 354 doesn't explicitly mention eve-teasing, many acts of eve-teasing that involve physical contact or threat of force can be prosecuted under this section if they're deemed to outrage a woman's modesty.

15. How does Section 354 address cases of molestation?

Molestation cases often fall under Section 354. The section covers a wide range of non-consensual physical contact that outrages a woman's modesty, which typically includes acts considered as molestation.

16. How does the principle of burden of proof apply in Section 354 cases?

In Section 354 cases, like in most criminal cases, the burden of proof lies with the prosecution. They must prove beyond reasonable doubt that the accused committed the offense. However, the victim's testimony often carries significant weight in such cases.

17. Can a husband be charged under Section 354 for acts against his wife?

Yes, a husband can be charged under Section 354 for acts against his wife. Marriage does not grant immunity from this offense. The law recognizes that a wife's modesty can be outraged by her husband.

18. How does the law interpret "intention" in Section 354 cases?

Intention in Section 354 cases is often inferred from the circumstances of the act. The court considers factors like the nature of the act, the situation in which it was done, and the accused's behavior before and after the incident to determine intention.

19. Can a woman be an accused under Section 354?

While the victim under Section 354 must be a woman, the law doesn't specify the gender of the accused. Theoretically, a woman could be charged under this section for outraging another woman's modesty, though such cases are rare.

20. Can an attempt to outrage modesty be punished under Section 354?

Yes, an attempt to outrage modesty can be punished under Section 354. The section covers not just successful acts, but also attempts to use criminal force or assault with the intention of outraging a woman's modesty.

21. Is Section 354 a cognizable offense?

Yes, Section 354 is a cognizable offense. This means that the police can arrest the accused without a warrant and start an investigation without the permission of a court.

22. Can a minor be charged under Section 354?

Yes, a minor can be charged under Section 354. However, the case would be handled under the Juvenile Justice (Care and Protection of Children) Act, with different procedures and punishments compared to adult offenders.

23. How does the concept of consent relate to Section 354?

Consent is crucial in Section 354 cases. If the woman consented to the act, it would not constitute an offense under this section. However, the consent must be voluntary and not obtained through coercion, misrepresentation, or when the woman is incapable of giving consent.

24. Is Section 354 a bailable offense?

No, Section 354 is a non-bailable offense. This means that the accused cannot claim bail as a matter of right. The grant of bail is at the discretion of the court.

25. What is the statute of limitations for filing a complaint under Section 354?

There is no statute of limitations for filing a complaint under Section 354. A victim can file a complaint at any time after the incident has occurred.

26. Can a single act violate both Section 354 and other sections of the IPC?

Yes, a single act can violate multiple sections of the IPC. For instance, an act might simultaneously violate Section 354 (outraging modesty) and Section 323 (voluntarily causing hurt). In such cases, the accused can be charged under multiple sections.

27. Can a complaint under Section 354 be filed by someone other than the victim?

Yes, a complaint under Section 354 can be filed by someone other than the victim. As it's a cognizable offense, anyone with knowledge of the crime can report it to the police, who are then obligated to investigate.

28. How does Section 354 interact with laws protecting minors?

When the victim is a minor, Section 354 can be applied in conjunction with laws like the Protection of Children from Sexual Offences (POCSO) Act. This often results in more severe punishments and special procedures to protect the minor victim.

29. What is the significance of the term "criminal force" in Section 354?

"Criminal force" in Section 354 refers to the intentional use of force against a woman without her consent. This force doesn't necessarily have to be violent; even a light touch can constitute criminal force if it's done with the intention to outrage modesty.

30. What is the role of medical evidence in Section 354 cases?

Medical evidence can be crucial in Section 354 cases, especially if there's physical contact or injury. However, unlike rape cases, medical evidence is not always necessary to prove an offense under Section 354, as the offense can be established through witness testimony and circumstantial evidence.

31. How does Section 354 differ from Section 509 of the IPC?

While both sections deal with offenses against women, Section 354 requires physical contact or use of force, whereas Section 509 deals with words, gestures, or acts intended to insult a woman's modesty. Section 509 can be applied even without physical contact.

32. How does Section 354 differ from rape (Section 375)?

While both sections deal with sexual offenses, Section 354 covers acts that outrage a woman's modesty without necessarily involving sexual intercourse. Rape (Section 375) specifically deals with non-consensual sexual intercourse or its equivalents.

33. How does Section 354 interact with laws against domestic violence?

While Section 354 can be applied in cases of domestic violence where a woman's modesty is outraged, domestic violence cases are often dealt with under the more specific Protection of Women from Domestic Violence Act, 2005. However, in severe cases, charges under both laws might be applicable.

34. How does Section 354 apply in cases involving transgender individuals?

The application of Section 354 to transgender individuals is a developing area of law. Traditionally, the section specifically protects women. However, with growing recognition of transgender rights, there's an evolving interpretation that the protection might extend to transgender individuals who identify as women.

35. Can a person be charged under Section 354 for actions committed outside India?

Generally, Indian criminal law, including Section 354, applies to offenses committed within Indian territory. However, under certain circumstances outlined in Section 4 of the IPC, it can extend to offenses committed by Indian citizens outside India.

36. What is the punishment prescribed for an offense under Section 354?

The punishment under Section 354 is imprisonment for a term which may extend to two years, or a fine, or both. The severity of punishment can vary based on the circumstances of the case.

37. How does the court determine the quantum of punishment under Section 354?

The court considers various factors to determine punishment under Section 354, including the severity of the act, its impact on the victim, the accused's prior record, and any mitigating circumstances. The maximum punishment is two years imprisonment, but lesser sentences or fines can be imposed based on these factors.

38. What is the relevance of the victim's character or past in Section 354 cases?

Legally, the victim's character or past should not be relevant in Section 354 cases. The focus should be on whether the accused committed the act with the intention to outrage modesty. However, in practice, defense lawyers sometimes try to bring up such issues, which is generally considered unethical and irrelevant to the case.

39. How does the concept of 'modesty' in Section 354 apply to different cultural contexts?

The concept of 'modesty' in Section 354 is interpreted considering prevailing social norms and cultural contexts. Courts often take into account local customs and beliefs while determining what constitutes an outrage to modesty, making it a flexible concept that can adapt to diverse cultural settings.

40. What role does eyewitness testimony play in Section 354 cases?

Eyewitness testimony can be crucial in Section 354 cases, especially when there's no physical evidence. However, courts also recognize that such offenses often occur without witnesses. Therefore, the victim's testimony, if found credible, can be sufficient for conviction even without corroborating eyewitness accounts.

41. How does Section 354 address cases of unwanted touching in crowded public places?

Unwanted touching in crowded places can fall under Section 354 if it's intentional and meant to outrage modesty. However, proving intention can be challenging in such situations. Courts consider factors like the nature of touch, repetition, and the accused's behavior to determine if it was a genuine accident or an intentional act.

42. Can intoxication be used as a defense in Section 354 cases?

Voluntary intoxication is generally not accepted as a defense in Section 354 cases. The law assumes that individuals are responsible for their actions even when intoxicated. However, in rare cases where the intoxication was involuntary or induced by others, it might be considered as a mitigating factor.

43. What is the significance of the phrase "knows it to be likely" in Section 354?

The phrase "knows it to be likely" in Section 354 extends the scope of the offense. It means that even if the accused didn't specifically intend to outrage modesty, but knew that their actions were likely to do so, they can still be held liable under this section.

44. How does Section 354 address cases of stalking?

While Section 354 doesn't specifically mention stalking, certain stalking behaviors that involve physical approach or contact might be prosecuted under this section if they're deemed to outrage modesty. However, stalking is more specifically addressed under Section 354D of the IPC.

45. How does the principle of 'innocent until proven guilty' apply in Section 354 cases?

The principle of 'innocent until proven guilty' applies to Section 354 cases as it does to all criminal cases in India. The burden is on the prosecution to prove all elements of the offense beyond reasonable doubt. The accused is not required to prove their innocence.

46. What is the role of intent in Section 354 cases involving accidental physical contact?

Intent is crucial in Section 354 cases. Accidental physical contact without the intention to outrage modesty would not typically constitute an offense under this section. However, the court would examine the circumstances to determine whether the contact was genuinely accidental or if there was an underlying intent.

47. Can a complaint under Section 354 be withdrawn by the complainant?

As Section 354 is a cognizable and non-compoundable offense, the complainant cannot unilaterally withdraw the complaint once it's filed. The public prosecutor has the discretion to continue the case even if the complainant wishes to withdraw, as it's considered a crime against society.

48. How does Section 354 address cases of voyeurism?

While Section 354 can potentially cover some acts of voyeurism if they involve physical contact or assault, voyeurism is more specifically addressed under Section 354C of the IPC. This section deals with watching or capturing images of a woman engaging in a private act.

49. What is the relevance of the accused's social status or position in Section 354 cases?

The accused's social status or position should not, in theory, affect the application of Section 354. However, in practice, it might influence factors like bail decisions or the severity of punishment. In some cases, a position of authority might be seen as an aggravating factor if it was misused to commit the offense.

50. How does Section 354 apply in cases involving multiple accused persons?

In cases with multiple accused under Section 354, each person's individual role and intent are examined. Those who directly committed the act and those who aided or abetted can be charged. The concept of common intention (Section 34 IPC) might also apply if there was a shared intent to commit the offense.

51. Can Section 354 be applied retrospectively?

Generally, criminal laws are not applied retrospectively in India, as per Article 20(1) of the Constitution. This means Section 354 would typically only apply to offenses committed after it came into force or was last amended. However, in ongoing offenses that continued after the law's enactment, it might be applicable.

52. How does the court handle cases where there are contradictions in the victim's statement in Section 354 cases?

Minor contradictions in the victim's statement are often overlooked in Section 354 cases, considering the traumatic nature of the offense. However, major contradictions that go to the root of the case might affect the credibility of the testimony. Courts typically look at the overall consistency and credibility of the account.

53. What is the significance of delay in filing a complaint under Section 354?

While prompt filing of complaints is encouraged, courts recognize that victims of sexual offenses, including those under Section 354, might delay reporting due to various social, psychological, or personal reasons. A delay in filing a complaint does not automatically discredit the case, but the reasons for delay may be examined.

54. How does Section 354 address cases of unwanted physical contact in the context of medical examinations?

Medical professionals are generally protected from Section 354 charges for necessary physical contact during examinations. However, any contact that goes beyond professional necessity and is intended to outrage modesty can still be prosecuted. The context, necessity, and intent of the contact are crucial factors in such cases.

55. Can a person be charged under Section 354 for threats or attempts that don't result in actual physical contact?

Yes, a person can be charged under Section 354 for threats or attempts, even if they don't result in actual physical contact. The section covers not just the act of outraging modesty, but also assault (which includes threats) with the intention to outrage modesty. The key is proving the intention behind the threat or attempt.