Section 95 IPC was patently
wrong as in a case where the modesty of a woman is involved,
the said section cannot have any manner ... turn to Section 354 and
509 IPC, both of which relate to modesty of woman. These
Sections read as under:
"354. Whoever assaults
took her to his Gumti with the clear intention to outrage
her modesty but the appellant had failed in his attempt
because on raising ... appellant had forcibly taken the prosecutrix to the Gumti
to outrage her modesty but before he could do anything,
on raising an alarm
deliberate, he must
be deemed to have intended to outrage her modesty. [293 C]
Per Bachawat J: The essence of a woman's modesty ... Even a female of tender age from her very birth possesses
the modesty which is the attribute of her sex. Under the
section the culpable
assault
or use of criminal force to a woman to outrage her modesty. The essential
ingredients of offence under Section 354 IPC are:
(a) That ... must have been used on the woman intending
thereby to outrage her modesty.
What constitutes an outrage to female modesty is nowhere defined. The
essence
Aradhana had left the place, the
appellant-accused molested/outraged the modesty of Ms. Ruchika. When Ms.
Aradhana returned to the office, she witnessed ... offence under Section 354 of the IPC, mere
knowledge that the modesty of a woman is likely to be outraged is
sufficient without any deliberate
assault or use of criminal force
to a woman to outrage her modesty. The essential
ingredients of offence under Section 354 IPC are:
(a) That ... must have been
used on the woman intending thereby to
outrage her modesty.
What constitutes an outrage to female modesty is
nowhere defined
used criminal force against abovenamed Prakashi Devi
with intent to outrage her modesty and thereby committed an offence
punishable under section 354 IPC and within ... accused by registering a false allegation that the accused had outraged the
modesty of a woman.
4. The learned Magistrate by judgment dated 2.2.2001, held
Government of U.P. for making
statements outrageous to the modesty of the victims. The case of
the petitioner in Writ Petition (Criminal ... Individual Persons –
Assault to woman with 2. Decency and morality Protection of Modesty of
intent to outrage her 3. Defamation a Woman.
modesty
Note
HCHP
2
thereafter groped her with an intention to outrage her modesty and in
this incident she sustained injuries. The complainant raised ... used criminal
force against the complainant with intent to outrage her modesty. The
complainant was examined vide MLC Ex.PW4/A which established that
thus, clearly with the intention,
or knowledge of likelihood, of outraging her modesty, such touch and
contact in the given facts and circumstances being ... assault or criminal force to
woman with intent to outrage her modesty" punishable under Sections
354 IPC and of "rape" punishable under
