Further, this offense is non-bailable. Australian Bureau of Statistics (ABS) 2014. Judgment: The court held that no marks of injury was found on the body of the girl after the incident and this indicates that the intecourse was a peaceful affair and the story made by the girl was fictitious. Judgment: The Supreme Court held that the accused was guilty under Section 354, IPC as their acts were affront on the normal sense of femanine decency. The Supreme Court disagreed with the High Court and held that quashing FIR is illegal and Section 95, IPC is not at all applicable. In addition, she also reported psychophysical responses such as decreases in appetite, libido, sleep and concentration (PA06102). The experience of physical assault led victims to withdraw or isolate themselves from these broader social networks. Such cruelty must be in connection with demand of dowry. It puts a question mark on what has long been established: that the right to life under Article 21 is not a right to mere vegetative existence, but to a life with dignity and a decent standard . IPC 351 Indian Penal Code | What is Assault - aaptaxlaw.com The defendant must exhibit a present intention to harm or offend the victim through a physical act. Dowry deaths and bride burning are sinful act which are still prevailing in the Indian society. Mere proof of the fact that the women felt that her modesty had been outraged would not satisfy the necessary ingredient of the offence. In one instance, a victims oldest son became her caregiver as well as taking on the responsibility of looking after the household (PA10121), while, in another, the victim was reliant on their partner and parents to attend to their toiletries, dress, and transportation. In particular, while there were similarities in the reactions to violence, victims of physical assault appear to struggle particularly with the impact of physical injuries. Common physical injuries reported in this sample were scarring, broken bones and loss of teeth. Section 354 IPC states the act of any criminal force committed on a woman with the intention to outrage her modesty.The ambit of IPC 354 widened with the insertion of four new sections through the Criminal Law Amendment Act (13 of 2013).These sections are Section 354 A, Section 354 B, Section 354 C, and . Thus an offense is no offense if no intention of knowledge is established or inferred. This section intends to deter any kind of aggression into a womans modesty whether by any word, gesture or act or by intruding upon the privacy of such woman. Section 376(1) provides a minimum sentence of seven years of imprisonment that may extend to life imprisonment and fine. Shall be guilty of the offence of sexual harassment. Young-old, intelligent or imbecile, awake or sleeping; women possesses a modesty capable of being outraged. Firstly, when a person watches or captures image of a woman engaging in some private act and secondly, when the person disseminate or spread such image. The woman whose images are captured must be engaged in some private act. Doctors report stated that there was no injury on the body of Mathura. For the purpose of this section, private act includes an act of watching carried out in a place which, in the circumstances, would reasonably expected to provide privacy and where the victims 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. The majority of victims in this sample were in either the first and second stage of crisis response (Bard & Sangrey 1986; Cook, David & Grant 1999). IPC classes in Malayalam.. Section 354: Assault or criminal force to woman with intent to outrage her modesty.. Section 375 has the following two essential ingredient-. Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and also shall be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. Janoff-Bulman R & Frieze I 1983. it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Section 354D has a proviso attached to it which carves out an exception to this offence. What Is Assault in IPC - With Essentials, Case Laws, Punishment This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. As such, the reports contain the perspectives of both the victim and psychologist. Side effects of this fear included withdrawing from public liferefusing to leave home, avoiding certain areas or shopping districts. The most significant charge involving pregnant women, Murder of an unborn child, is a Class A Felony (the most severe Class of Felony that exists in North Carolina) punishable by life in prison without the opportunity for parole. Section 351 of Indian Penal Code. This section clearly states that the act of sexual harassment caused by a person is punishable. The court further added that when an offence relates to the modesty of women, it could not be trivial under any circumstance. If a part of responsibility is imposed on a person by the State to prevent and detect any crime and such acts must be pursued by any law and in the particular circumstances such conduct of the person must be reasonable and justified then, it will not amount to stalking. Independent witness may not be available at all the times as there can be instances where a person has done such an act in private. The following ingredients of the offence need to be established-. Where a woman is raped by more than one person acting in futhereance of a common intention, each of them shall be liable for the offence of rape and shall be ounished with rigourous imprisonment for not less than. Victims perceptions of self and their world prior to the assault aligned with the three assumptions proposed by Janoff-Burman and Frieze (1983) listed previously. Some are discussed below-. For one victim who was attacked in his home by a gang, the fear of being attacked again was paramount. In the case of Raju Pandurang Mahale v. State of Maharashtra, the Supreme Court defined the ingredients that constitute the essence of a womans modesty. The requirements of one victim may be drastically different from those of another, hampering the identification of broader needs. Click the following links to learn more about what constitutes an assault or a battery. Section 354 D "Stalking" According to Section 354D IPC, Stalking is the act of Continuously following a woman or contacting her, It is a gender specific offence i.e. However, it is important to note that none of the residentially located cases involved ongoing domestic or family violence. Section 498-A: Husband or relative of husband of a woman subjecting her to cruelty Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. In some cases, both the psychologists and victims felt that this exacerbated or facilitated the development of mental health conditions such as depression or anxiety. 2013; Freeman et al. Yet victims of non-domestic, non-sexual physical assault have not received the same level of attention. For a few other victims, the stresses associated with attempting to return to work or losing their jobs because they were unable to cope, compounded the negative psychological symptoms associated with the attack. The prevalence of these conditions suggests that many of the victims included in this sample may have experienced mild to moderate TBI. Use of criminal force or assault or abetment of any such act must be there. Her brother lodged a report in the Police Station that Mathura had been kidnapped by Ashok. Finally, the experience of physical assault caused many victims to develop negative views about themselves and the world. Rock P 2014. But section 354 IPC is woman oriented. The IPC is divided into 23 chapters, spanning 511 exhaustive sections. This research has focused on describing the impact and consequences for victims of physical assault. In india pre marriage , medical examination is not compulsury. Assault not only means the situations where a woman is physically assaulted. Specifically, anger could be focused on the offender, situation or directed at the victim at themselves. Some victims reported sudden and intense outbursts of anger. Assault and Battery - Indian Law Portal Physical assault can occur as a slight physical act. Section 354D, IPC talks about The term stalking which generally means the act of following or trying to contact despite disinterest of woman. The ultimate check to be seen if the lady's modesty is incensed is to examine if the act or assault would be enough to stun the sense of decency of a woman. For example, one victim reported feeling guilty because, if he had not gone to the location of the attack, it would not have happened (PA0666), while another was angry because he felt that there was nothing he could have done to have prevented the unprovoked attack (PA0517). Another male victim stated that he used to feel strong, full of energy and was considered by others as a fit sportsman (PA1185). Section 376D lays down the punishment for gang rape. Principle: 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 guilty for the offence of outraging the modesty of a woman. Social ties to intimate partners, family and friends provided victims with valuable support, helping them to deal with the negative consequences of the assault. The Indian Penal Code mentions sexual offences against women under a separate head which encompasses the following offences with their respective sections-. The second offence is punishable with imprisonment of not less than three years which may extend upto seven years with fine. Betts K, Williams G, Najman J & Alati R 2013. The suppression of evil eyes on women and inculcation of social ethics, morals and values, respect and honor in every human being towards women is the need of the hour and is a supplement factor that can equally contribute in reducing the number of crimes against women. As expected, the experience of physical assault had negative psychological consequences for victims in this sample. SCs E-Committee Constitutes 3-Member Panel to Develop & Implement Uniform Citation for Apex Court Judgments, The Person who has been maltreated, should be a Woman, The Aggrieved Women were assaulted or subjected to Criminal Force. In this regard , the Supreme Court has stated that the approach that ordinarily a lady would not put her character at stake may not be wrong but the same cannot be applied universally . Experiences of fear, psychological illness and physical injury post-assault could cause problems with occupational and educational functioning. To meet the elements of Assault on a Female, an adult male (over the age of eighteen) must commit an assault or battery on a female. The said Petition was dismissed and Mr. Girdhar Gopal was convicted under the section 354 and 342, of IPC. These physical injuries not only served as triggers for traumatic flashbacks and re-experiencing the event, but also impacted on victims perceptions of themselves. Mental harassment is punishable or not? - Commwiser Consultants LLP. More recent studies have supported Shapland Shapland, Wilmore and Duffs (1985) findings. He calls you a stupid woman and "that dumb Spanish chic." He starts to get more abusive as the weeks progress. Relationships, however, were also tested as a consequence of the physical assault, sometimes leading to a complete breakdown of a victims social network. The crowd became aggressive and so, her FIR was lodged on behalf of her statement. This is by comparison with victims of sexual assaults, who reported more consistent levels of social and psychological stress over a longer time period (Shapland, Wilmore & Duff 1985). That such injury inflicted either physically or mentally. Outraging The Modesty Of Women - Law Corner Facts: The prosecutrix was returning home after her sports meet and the husband of the appellant met her at the railway station and told her that her father has sent him to pick her. Then, the other appellant came and wanted to rape her but couldnt as he was highly toxicated. Physical assault Definition: 123 Samples | Law Insider As outlined, this provision has four safeguards for women, namely, Sexual harassment, Assault or use of criminal force to woman with intent to disrobe, Voyeurism, and Stalking. Modesty is said to be outraged by such an act of offender which shocks and recognizes as an insult to female decency and dignity. At this point, the accused slapped the butt of the petitioner in the presence of all the guests which was very embarrassing for her. Assault often resulted from arguments or perceived slights; however, other precipitating events included pseudo robberies (where demands were made for property but property was not actually targeted). The appellants asked Mathura to stay at the police station and asked her companions to wait outside. Edited by: Advocate Komal Sharma, Publishing Editor at Law Insider, iPleaders (Intention is the gist of the offence under Section 354), Legal Service India, E-Journal Outraging the Modesty of Women. This article is written by Neha Gururani, a student of Guru Gobind Singh Indraprastha University, New Delhi. This includes increased risk to the development of mental health conditions such as post-traumatic stress disorder (PTSD) (see Betts et al. Criminal Force and Assault: All you need to know about it - iPleaders In this article we are only going to dwell into a specific section i.e 354 which pertains to outraging the modesty of a women. He took her to his house and raped. The relationship between physical assault victimisation and social relationships was complex. Section 354, IPC deals with the offence of molestation i.e. This section is divided into two sub-sections. Some incidents mentioned in the FIRs are so bizarre that no man of ordinary prudence would believe it. The issue before the Court was is this (man being excluded in the section) violation of Articles 14 and 15, also the constitutional legitimacy of section 354 was questioned. Physical Assault in the Workplace | Experienced Employment Lawyers Offence under this section is also a cognizable offence, but Non-bailable. Consent and Criminal Domestic Violence Charges, Fighting a Domestic Violence Protection Order. The following are the essential of the offence under Section 354, IPC-. Elevated levels of anxiety, fear and hypervigilance were used as indicators of changes in a victims assumptions of safety. a. It treats it more seriously than normal and criminal force by allowing the police to make arrests for such crimes without a warrant. Further, the following sections are defined as follows: 1. Based on the victims descriptions, the majority of assaults did not stem from Judgment: The High Court quashed the FIR and held that the act was covered under Section 95, IPC. What is North Carolinas Second Chance Act? These laws are periodically reviewed and amended in order to bring off promptness with arising needs. While commonalities, such as poor psychosocial functioning, exist in the reactions of victims of violent crime generally, the experiences of victims of physical assault are not the same as those of victims of sexual assault or domestic violence. Assault involving acquaintances accounted for another quarter of cases (n=29; 24%). Offences Against Women Under the IPC - Academike In order for more meaningful recommendations to be made regarding service delivery, a focused survey designed to qualify the relationship between impact and need for victims of physical assault is necessary. Further, not all of a victims needs can and should be met by formal service delivery. Females were more likely to be victimised in the home by a family member, whereas males were more commonly assaulted by a stranger in place of recreation (ie pubs or nightclubs) or on the street (ABS 2014). The laws associated with the crime against women may be classified into following two categories: Crimes against Women under the Special and Local Laws (SLL), The Immoral Traffic (Prevention) Act, 1956, The Indecent Representation of Women (Prohibition) Act, 1986, The Commission of Sati (Prevention) Act, 1987, Protection of Women from Domestic Violence Act, 2005, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Kidnapping and abduction for different purposes (, Murder, Dowry death, Abetment of Suicide, etc. The concept of Modesty is not defined anywhere. As part of a landmark study into the experiences of victims of crime, Shapland, Wilmore and Duff (1985) interviewed 276 victims of physical assault (n=198), robbery (n=40) and sexual assault (n=38) in the United Kingdom. For one victim of a king hit, direct effects included strong headaches which were brought on suddenly, seizures and loss of consciousness. An intention to insult the modesty of a woman; The insult must be caused either by intruding upon the privacy of a woman; or by making any gesture or sound, uttering any word or exhibiting any object. Assaults most often occurred in the victims home or another residential setting (n=46; 38%), followed by the street/footpath (n=19; 16%) or in recreational settings (eg pubs and clubs; n=10; 8%). Briefly, the experience of domestic or intimate partner violence has been associated with the development of a wide range of negative outcomes including mental health issues, feelings of shame or guilt and difficulties relating to men (see Ansara & Hindin 2011; Coker et al. The term assault means to cause a physical attack. pocso act section 7, characterizes sensual assault as when somebody "with sensual goal contacts the vagina, penis, anus or bosom of the child or makes the child contact the vagina, penis, anus or bosom of such individual or some other individual, or does some other demonstration with the sensual expectation which includes actual contact without Fear and anxiety were closely related. Notwithstanding the number of laws to protect and safeguard the rights and interest of the women, the rate of crime against women and victimization is mushrooming day by day. According to . Being unable to return to work or study can have ramifications for the victims financial security. Monitors the use by the woman of the internet, email or any other electronic communication. The court further added that the essence of a womans modesty is her sex. IPC 354 - Assault Or Criminal Force To Woman With Intent To Outrage Her Modesty: Criminal Law (Amendment) Act 2013 The Indian Penal Code Section-354 states that any individual that assaults or violates a woman with the motive to commit atrocities towards her modesty shall be liable to imprisonment for a term not less than a year but it may extend to five years and shall also be liable to pay a . In order to address this knowledge gap, the consequences of physical assault victimisation in isolation from other types of violent crime are explored in this paper. According to Section 354A, a person shall be guilty of the offence of sexual harassment against a woman in the following circumstances-. Since, it was late at night, so there were two constables (appellants) present at the police station at the time. Apart from being a dehumanizing and perverted act, it is also an unlawful interference in the personal life of a woman which is an intense blow on the honor, dignity, reputation and self-esteem of a woman. It is based on the assumption that a female's hymen can only rupture during sexual intercourse. Boney-McCoy S & Finkelhor D 1995. Is Screenshot Admissible as Evidence Under Indian Evidence Act ? Outraging a Woman's Modesty Under IPC Section 354 of the Indian Penal Code, 1860, deals with assault or criminal force to a woman with intent to outrage her modesty. Chapter 16, from sections 299 to 377 of IPC, discusses the offences against the human body. The crime rate per lakh women population is 58.8 in 2018 in comparison with 57.9 in 2017. The State Criminal Process - What to Expect, Rights of the Accused: Grand Jury vs. Petit Jury. Section 354 IPC - MyAdvo.in - Making Legal Simple Assault in both civil and criminal refers to a violent attack physically, verbally or any bodily harm which puts the victim in fear of such harm. , IPC. The public faces of public criminology. For men, this is especially problematic, due to the extra protection our laws afford females as it pertains to being the victim of an assault. Freeman D et al. The prosecutrix was returning home after her sports meet and the husband of the appellant met her at the railway station and told her that her father has sent him to pick her. Not every type of cruelty will attract. (, Assault on women with intent to disrobe a woman (, Importation of girls upto 21 years of age (, Word, gesture or act intended to insult the modesty of a woman (. of imprisonment but may extend to imprisonment for life or death or fine. Only a minority of individuals reported poor functioning in one or more areas of their life prior to the assault (n<24). For example, slapping a woman on her butt, asking her for sexual favours, disrobing her etc. Some are discussed below-. . What is the meaning of Evidence under the Indian Evidence Act 1872? Under Section 353 of IPC, the punishment is up to two years, a fine, or both. Assault, Criminal force, Outraging the modesty of a woman explained. It is a symptom of a special social illness and are unfortunate developments of our society. Such cruelty must be shown out soon before her death. Table V 5 shows the rising incidence of sexual assault against women in West bengal districts in the form of rape including gang rape), molestation and eve-teasing, together with the number of persons arrested in connection with these crimes. The ambit of IPC 354 widened with the insertion of four new sections through the Criminal Law Amendment Act (13 of 2013). 1.Imprisonment for 1 to 3 years with a fine for a first conviction. , slapping a woman on her butt, asking her for sexual favours, disrobing her etc. Assault is a misdemeanor violation and is punishable by up to six months in jail (as opposed to state prison) and a maximum fine of $1,000. The punishment for the offences specified under Section 354A (1) (i) to (iii) is the rigorous imprisonment for a term which may extend to three years or with fine or both and in the case of sub clause (iv), it is imprisonment for a term which may extend to one year or with fine or both. Voyeurism or Peeping Toms Section 294 of IPC Sexual Violence Laws under the Indian Penal Code | Safecity The changes in the living standards, lifestyle, imbalance in the economic growth, changes in social ethos and meagre concern for the moral values contribute to a vicious outlook towards women due to which there is multiplication in crimes against women. Legal cases with fixed pricing, standardized processes, and firm timelines, Hassle free government services at affordable prices, Raju Pandurang Mahale v. State of Maharashtra. After the insertion of new sections, Delhi High Court in the matter of T Manikadan v. The State ( Govt of NCT of Delhi) held that there is no illegality in convicting accused under the Sec354, 354 A IPC simultaneously. The appellants contended that since there was no direct evidence about the nature of the consent of the girl to the alleged act of sexual intercourse, it can be inferred from the available circumstances that she did this with her passive submission. Section 354: Assaulting a women or using criminal force on her with the intention of outraging her modesty- It implies that the assault must be on a women and that the accused must have used criminal force on her intending to outrage her modesty. which may extend upto seven years with fine. Not all anger, however, had a particular focus. This offence came into existence after Nirbhaya Rape Case, 2012. In the present scenario, the violence and the increasing crimes against women is witnessed by everyone across the world in some or the other manner. Criminal Law and Women Vikaspedia The court further added that the essence of a womans modesty is her sex. , IPC as their acts were affront on the normal sense of femanine decency. Jones C 2002. Understanding the needs of victims of physical assault, particularly in an Australian context, is important in order to ensure that services are adequately able to address these victims needs. Unlike the elements of Assault on a Female, even women can be properly charged with this crime. Since, it was late at night, so there were two constables (appellants) present at the police station at the time. 1. In the view of this section, whosoever causes permanent or partial damage or burns, disfigures or disables any part of the body of a person or causes grievous hurt by throwing or administering acid with an intention to cause such injury or hurt will be punished with imprisonment of at least ten years which may extend to life imprisonment with fine. Save my name, email, and website in this browser for the next time I comment. IPC Chapter XVI; S. 354 Assault or criminal force to woman with intent to outrage her modesty: Description; Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty 1, 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 . One of the most important ingredients of this section are knowledge and intent. The punishment under this section is imprisonment of not less than. Husband Abuse: Can a Wife Abuse Her Husband? - Marriage Missions Any man who assaults or uses criminal force to any woman or abets such act with an 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. In assault only the gesture which can make the opposite party apprehend the danger is assault. There are many legal provisions which punish the culprits committing offences against women.