Excelsior Correspondent
SRINAGAR, Nov 20: The High Court held that mere use of force or assault on a woman without any intention to outrage her modesty does not amount to outrage.
Justice Sanjay Dhar ruled out that falling of headgear of a woman due to force is a commission of under section 354 of IPC (assault or criminal force used against a woman with the intent to outrage her modesty).
“…falling of a woman’s headgear on account of the use of force does not amount to outraging her modesty and mere use of criminal force or assault on a woman, without any intention to outrage her modesty, does not constitute an offence under Section 354 of the Indian Penal Code”, the court has held.
The Court has clarified that intent to outrage or knowledge of likely outrage to a woman’s modesty is an essential element of the offence. The court was hearing a petition challenging the FIR registered for offences under Sections 354 of the IPC.
The complainant had alleged that the petitioners entered her house, assaulted her and her husband, and that during the altercation, her headgear fell off, amounting to outraging her modesty. The petitioners argued that the FIR was lodged to settle an ongoing property dispute and that no ingredients of the alleged offences were made out.
“Mere assault to a woman simpliciter, without there being any intention on the part of the accused to outrage the modesty of the victim, would not fall within the definition of the offence punishable under Section 354 of the IPC”, reads the judgment.
The court quashed the FIR in question by holding that the same was lodged with mala fide intent and that continuation of criminal proceedings and the same would amount to abuse of process.
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