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State vs . Sudhir Kumar Page No. 1 Of 7 on 25 April, 2022 cites

State Of Chhattisgarh vs Dr. (Smt.) Kiran Agrawal 11 Wa/255/2017 ... on 1 October, 2018

15. The two necessary ingredients of Section 354 IPC are 'assault' or 'use of criminal force' to any woman and with the intention to outrage or knowing it to be likely that he will thereby outrage her modesty. Thus when the modesty of a woman is outraged or it is likely to be outraged coupled with an assault or criminal force, Section 354 IPC would be attracted. Though assault can be by mere gesture or preparation intending or knowing that it is likely that such gesture or preparation will cause any person present to apprehend use of criminal force. This is an act more than mere physical contact with advances involving unwelcome and explicit sexual overtures. S. 354A IPC Digitally signed by State Vs. Sudhir Kumar KIRAN KIRAN GUPTA Date: Page no. 6 of 7 GUPTA 2022.04.25 13:16:09 +0530 7 is mere physical contact with advances. The term "explicit sexual overture" is relevant for the purpose of offence u/S 354A IPC. Hence, the prosecution to make out a case u/S. 354A IPC has to show that the act of accused was embedded with explicit sexual overtures. Every kind of physical contact cannot be covered under S. 354A IPC. The use of word "and" in S. 354A IPC requires that there should be a physical contact with sexual advances / overtures. S. 354A IPC is applicable where the accused does not stop after committing a single isolated act of criminal force but rather goes on to commit several other similar acts which end up converting his actions into advances of sexual overture.
Chattisgarh High Court Cites 9 - Cited by 134 - Full Document
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