In State of Kerala v. Hamsa [(1988) 3 Crimes 161
(Ker)] it was stated as under: (Crimes p. 164, para 5)
"What the legislature had in mind when it used the word
modesty in Sections 354 and 509 of the Penal Code was
protection of an attribute which is peculiar to woman as a virtue
which attaches to a female on account of her sex. Modesty is the
attribute of female sex and she possesses it irrespective of her
age. The two offences were created not only in the interest of the
woman concerned, but in the interest of public morality as well.
16. While explaining the object of Section 354 and 509 IPC
in State of Kerala v. Hamsa, (1988) 3 Crimes 161 , the Hon'ble
High Court of Kerala held as follows:
25. Now coming to section 354 IPC which prescribes
punishment for use of criminal force or assault on any woman with an
intention to outrage her modesty, though the word modesty has not
been defined anywhere in Indian Penal Code but, in State of Kerala
Vs. Hamsa; LAW (KER)-1986-(6-13). it was held by the Hon'ble
Kerala High Court that modesty is the attribute of female sex and it is
a virtue which attaches to a female on account of sex. The question of
infringing the modesty of a women depend upon the customs and
habit of people and the acts which are outrageous to morality would
be outrageous to modesty of women.
punishment for use of criminal force or assault on any woman with an
intention to outrage her modesty, though the word modesty has not
been defined anywhere in Indian Penal Code but, in State of Kerala
Vs. Hamsa; LAW (KER)-1986-(6-13). It was held by the Hon'ble
Kerala High Court that modesty is the attribute of female sex and it is
a virtue which attaches to a female on account of sex. The question of
infringing the modesty of a woman depend upon the customs and
habit of people and the acts which are outrageous to morality would
be outrageous to modesty of women. In the light of above
observation, the consistent testimony of the victim to the effect that
the accused caught her hand forcibly and pulled her by holding collar
of her suit and abused her in a public glare evidently establishes the
fact that the accused used criminal force against complainant with an
intention to outrage her modesty. Accused's conduct in holding
complainant's hand forcibly and pulling her by her collar and hurling
abuses on her, by its very nature was outrageous and insulting to the
modesty of any woman and thus, was sufficient to make him liable to
be punished for the offence u/s 354/509 IPC.
24. Though the word 'modesty' has not been defined
anywhere in Indian Penal Code but, in State of Kerala Vs. Hamsa;
LAW (KER)-1986-(6-13). It was held by the Hon'ble Kerala High
Court that modesty is the attribute of female sex and it is a virtue
which attaches to a female on account of sex. The question of
infringing the modesty of a woman depend upon the customs and
habit of people and the acts which are outrageous to morality would
be outrageous to modesty of women.
In State of Kerala v. Hamsa it was
stated as under: (Crimes p. 164, para 5)
"What the legislature had in mind when it
used the word modesty in Sections 354 and 509
of the Penal Code was protection of an attribute
which is peculiar to woman as a virtue which
attaches to a female on account of her sex.
Modesty is the attribute of female sex and she
possesses it irrespective of her age. The two
offences were created not only in the interest of
the woman concerned, but in the interest of
public morality as well. The question of
infringing the modesty of a woman would of
course depend upon the customs and habits of
the people. Acts which are outrageous to
morality would be outrageous to modesty of
women. No particular yardstick of universal
application can be made for measuring the
amplitude of modesty of woman, as it may vary
from country to country or society to society."