Offence Of Outraging The Modesty Of Women In India
Abstract
As we know, In India the offences against women are increasing day by day. We constantly observe crime against women when we open the news. Various forms of crimes are committed against women such as ‘rape’, ‘murder’, ‘dowry death’, ‘abduction’, ‘threat’ etc.
There are multitudinous legislative laws in India to control these types of offences. These legislative laws sanction crimes against women. However, even in the existence of these legislative provisions, crimes against women are not controlled.
In this composition, I’ll discuss “The offence of outraging the modesty of women in India”. This content can be understood through the introduction, where we can comprehend the conception of modesty, women’s modesty, essential constituents etc.
using several cases, also we can look into the vittles about these offences as sections 10, 354, 354A, 354B, 354C, 354D, and 509 under the Indian Penal Code, 1860.
Also, we gain a better understanding of this conception through corner cases. At last, finish the composition with a conclusion.
Introduction
In general, the term “modesty” means a woman’s sexual dignity, which she acquires from birth. The term “outrage” suggests a physical act.
Modesty is that shy sensation you get when someone compliments you on how terrific you are, or when you have to take your shirt off to go swimming and revealing flesh makes you squirm.
It refers to the virtue that connects to a female due to her gender and is an attribute linked with females in general when it comes to outraging a woman’s modesty.
Demands for her to disrobe, defamatory statements, dragging her to commit
sexual assault and voyeurism are all examples of activities that might be considered outraging a female’s modesty.
Women’s modesty might be violated by touching her on any private region of her body i.e. which she finds unacceptable without her consent.
Section 354 of the Indian Penal Code,1860 defines the scope of modesty outrage, which includes the following factors:-
- An assault or use of criminal force is required.
- There must be an intent or understanding that modesty outrage is
Outraging a woman’s modesty involves not just physical acts of assault, but also any verbal or nonverbal action that is intended to degrade her. By nature, this offence is considered cognizable, non-bailable, and non-compoundable.
Provisions Concerning The Outrage Of Women’s Modesty
Provisions regarding the violation of women’s modesty are given under the Indian Penal Code, 1860 which are sec. 10, sec. 354, sec. 354A, sec. 354B, sec. 354C, sec. 354D, and sec. 509.
Section 10 of the Indian Penal Code, 1860
In this section, the definition of woman and man has been given. A male human being of any age is called a “man”. A female human being of any age is called a ” woman”.
Section 354 of IPC, 1860
Section 354 stipulates that anyone who assaults or uses unlawful force on any woman intending to insult her modesty or knowing it is likely to outrage her modesty is punishable under this provision. The penalty is
imprisonment for any length of time, with a minimum of one year and a maximum of five years. In addition, a fine will be imposed. As a result, depending on the judge’s discretion, the punishment can range from light jail to hard imprisonment.
a fine will be imposed in addition to the sentence, indicating that the offence is not compoundable.
Section 354 contains certain crucial components:-
- There should be assault or criminal
- The woman must be assaulted or subjected to criminal
- Assault or use criminal force on a woman to offend her
This is a punishable offence with no bail. It is compoundable, but only with the court’s approval. Any magistrate with jurisdiction over the case can hear it.
Section 354A of the Indian Penal Code, 1860
According to this section, a male is deemed to have committed sexual harassment towards a woman when:
- direct physical touch and approaches with explicit sexual gestures: or,
- demand or proposal for sexual favours; or
- showing pornography against a woman’s will; or
- A sign that makes sexually coloured remarks.
If a man commits the first three offences specified in the preceding bullets, he will face harsh imprisonment for a term of up to three years, a fine, or both under Section 354A of the IPC.
if a man commits the offence of the final bullet, he shall be
punished by imprisonment for a term of up to one year, a fine, or both. A Section 354A offence is cognizable, bailable, and can be tried by a magistrate.
Section 354B of the Indian Penal Code, 1860
This section addresses the protection of women against men who assault or use illegal force against any woman, or incite such an act, to disrobe or force her to be naked.
If a man commits such an offence, he will be sentenced to three years in prison, which can be increased to seven years, as well as a fine. Section 354B offences are cognizable, non-bailable, and can be tried by any magistrate.
Section 354C of the Indian Penal Code, 1860
This section is about a woman’s privacy. Voyeurism is an act done when a male observes or photographs a woman doing a private act without her knowledge.
If a man commits such an offence, he faces a minimum of one year in prison, which can be increased to three years, as well as a fine on his first conviction. In the event of a second or subsequent conviction, he will be imprisoned for a least three years, which might be increased to seven years, as well as fined.
This clause punishes a male who purposefully captures photographs of a woman or watches her do a private act.
if a woman consents to having her photos taken or permits for any activity but does not consent to the image or act being disseminated to a third party, and such image or act is disseminated by another person, he will be held accountable under the Code.
The first conviction of an offence under Section 354C is cognizable and bailable, while the second or subsequent conviction is cognizable and non-bailable.
Section 354D of Indian Penal Code, 1860
This section deals with stalking. Stalking is a type of crime which involves following and watching someone illegally over some time.
Stalking can be of different types, whether physical or virtual. In this provision, only women may seek justice.
This offence was added in this provision by Amendment Act, 2013, including other acts like trafficking, voyeurism, etc.
If a man commits such a crime, he will be sentenced to imprisonment for up to three years, as well as a fine for his first conviction.
He will be punished with up to five years in prison and a fine for his second and subsequent conviction.
Section 509 of the Indian Penal Code, 1860
This section criminalises words, gestures or any act which is done to insult the modesty of a woman.
Acts that fall under the purview of this section include the following:-
- sounds,
- gestures, or
- Anything is shown to be heard or seen, and which intrudes on a woman’s
Anyone who commits this act is sentenced to simple imprisonment for up to three years, as well as a fine.
Rate of crimes against women in India
In India, the rate of crime is increasing against women. Rape is going to become a common crime against the woman. Even a girl child is not safe in India, they often suffer from molestation, rape, abduction, etc. From 2016 to 2021 about 22.8 lakh crimes were recorded against women in India.
About 30% of offences were recorded in section 498A of the Indian Penal Code, 1860. To control the crime rate against woman numerous legislative law has been introduced in India.
In the given below picture, you will see the crime rate against women in each state.
Figure No. 1
According to the above data Andhra Pradesh, J&K, and Odisha have the highest crime rate against women.
Figure no. 2
In Figure No. 2, I tried to show you about cruelties against women by husbands and their relatives. Based on this information, I do not believe that women are safe in our society.
Cases:-
Ramkripal v. State of Madhya Pradesh AIR 2007
The Supreme Court defined the word “modesty” in this case. The Supreme Court held that the essence of a woman’s modesty is her sex, which she acquires by birth.
Sena Shetty Vs. Emp. 1890
In this case, it was held that pulling the woman by arm along with the request for sexual intercourse is an offence under section 354 of IPC, 1860.
Bashdeo Naik Vs. State, 1991 Cr. L.J 1594 Ori.
In this case, it was held that when the accused dragged a woman made her naked forcibly and committed some acts, but there was no proof of rape he was held guilty U/S 354 of IPC, 1860.
Vishakha Vs. State of Rajasthan AIR 1997
The Indian government’s efforts to enhance regulations for outraging female modesty
Following the increase in the incidence of crimes against women, the Indian government has taken various initiatives to combat these crimes, which include The Criminal Law (Amendment) Act, 2013, POCSO Act 2012, The Nirbhaya Fund, The Suraksha Setu App, etc.
These acts help to combat the crime against women in India. The National Commission Of Women is an organization that helps Indian society reduce crimes against women.
The government has started awareness regarding crimes in different parts of the country. Awareness plays a very important role in society to combat crimes.
Conclusion
To combat the crimes against women government should strengthen the law. The government should bring strict laws for punishment.
There are some loopholes in Indian law. Due to these loopholes, the government failed to reduce the crime rate against women.
In other countries like Saudi Arabia, there is strict punishment regarding women’s offences, which is why there is a low rate of crimes relating to females.
In India, such types of strict punishment should introduced to combat the crimes against females.
Written By
Sundram Karn