Section 354. Sec. 354. Exchanges Of Stock And Securities In Certain Reorganizations 2022-11-04
Section 354 Rating:
Section 354 of the Indian Penal Code (IPC) is a criminal law provision that deals with the offense of "outraging the modesty of a woman." It states that whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of up to two years, or with fine, or with both.
The concept of "modesty" in this section is not defined in the IPC, but it is generally understood to refer to the inherent dignity and self-respect of a woman. The term "outrage" suggests a sense of shame, embarrassment, or indignity caused to the woman as a result of the act. The use of the word "modesty" in the provision may seem archaic and out of place in today's society, but it is a long-standing legal term that has been used in various legal contexts to refer to the protection of a woman's dignity and reputation.
Section 354 is a non-bailable and cognizable offense, meaning that a person accused of this offense can be arrested without a warrant and must be presented before a court within 24 hours of arrest. The burden of proof lies with the prosecution, and the accused is entitled to a fair trial and the presumption of innocence until proven guilty.
The offense under section 354 is a gender-specific offense, which means that it can only be committed against a woman. It is a criminal act that is directed against the person and dignity of a woman, and is intended to cause her shame and embarrassment. The offense is not limited to physical contact, but can also be committed by using words, gestures, or any other means that are intended to outrage the modesty of a woman.
In recent years, there has been a growing awareness of the need to protect the rights and dignity of women, and laws like section 354 are seen as a necessary measure to deter such offenses. However, there have also been criticisms of the provision, with some arguing that it is too vague and open to interpretation, and that it does not adequately address the issue of consent. There have also been concerns about the use of the provision to harass or blackmail women, and about the lack of protection for men who may be falsely accused of this offense.
Overall, section 354 of the IPC is an important provision that aims to protect the modesty and dignity of women, and serves as a reminder of the need to respect and value the rights and autonomy of women. However, it is important to ensure that the provision is applied fairly and not used to discriminate against or harm anyone, and to continue to strive for a society where all individuals are treated with respect and dignity.
IPC Section 354
In another case of Ankariya Vs. Some cookies are also necessary for the technical operation of our website. The essential ingredients of section 354 of IPC are lacking. This can be done in various forms, be it physical or virtual, i. Therefore it is for the courts to decide on a case to case basis since it is a matter of interpretation. As outlined, this provision has four safeguards for women, namely,Sexual harassment, Assault or use of criminal force to woman with intent to disrobe, Voyeurism, and Stalking. EDITORIAL NOTES REFERENCES IN TEXTSection 447 d , referred to in subsec.
India is also changing and is accepting Every day we look into a newspaper or open up a news channel there is at least one news which pertains to offence against a woman in the news if not several. Therefore, it becomes pertinent to prove that such intention or knowledge existed on the part of the accused. Also, nowadays it is often seen that unscrupulous women cry molestation. The term stalking refers to a form of harassment which comprises of the repeated and persistent intention of harming or causing fear to the person who is being followed. Meanwhile, most sections on the South end will eventually see some shade.
Sec. 354. Exchanges Of Stock And Securities In Certain Reorganizations
State of Madhya Pradesh, the question was raised that whether the act of the offender of loosening the cords of the petticoat of the prosecution and making further sexual advancements towards her constituted the offence of outraging her modesty under Section 354 or the offence to commit rape as under Section 375. That is why, the courts have been consistent with the observation that the same may be verified by the surrounding circumstances and the Also read: Meaning of Evidence: State of Punjab vs Major Singh In this case the Supreme Court while holding the accused guilty under Section 354, observed that when any act done to or in the presence of a woman is clearly suggestive of sex according to the common notions of mankind that act will fall within this Section. Section 354A is a cognizable offence, bailable as well which can be tried by any magistrate. Mere proof of the fact that the women felt that her modesty had been outraged would not satisfy the necessary ingredient of the offence. Can we get bail in IPC 354? For more information about the stage setup for your show, find your event. Depending on the type of event you're attending, your experience will vary greatly. However, if a woman consents to capture her image or allows for any act, but not consenting to disseminate the same to any third person, and if that person does so, then he shall be liable under the Act.
A and B as par. The applicant cannot be denied bail in this offence, but the applicant has apprehension of being arrested and, therefore, he deserves protection of anticipatory bail, Dr. EFFECTIVE DATE OF 1976 AMENDMENT Pub. Secondly, the accused must have used some criminal force and thirdly, that must have outraged her modesty. Therefore, it is not a gender-neutral offense, and only a woman can seek justice from it. Both sides will give you an elevated endzone view, but we prefer the South endzone for a few reasons.
Secretary The term "Secretary" means the Secretary of the Treasury or his delegate. The applicability of section 354 varies from case to case as the courts are aware of the fact that such charges are easy to make and it is very difficult for a man to rebut the same. Each case has to be determined on the touchstone of the facts and the circumstances surrounding it as the law reports are replete with decisions where charges under Also read: Essentials of the Section The Necessary Components which need to be established by the person who is filling the case i. The culpable intention or knowledge of the accused is the crux of the matter. Is Section 354 a bailable? The reaction of the women is very relevant , but its absence is not always decisive, as for example, when the accused with a corrupt mind stealthily touches a woman who is sleeping at that moment. Notwithstanding any other provision of this subchapter, subsection a 1 and so much of section 356 as relates to this section shall apply with respect to a plan of reorganization whether or not a reorganization within the meaning of section 368 a for a railroad confirmed under section 1173 of title 11 of the United States Code, as being in the public interest. Meaning of term modesty in the context of Section 354 of IPC.
Legodesk Legodesk is not a law firm and does not provide legal advice. Fans in these sections will feel more wind on rough weather days in Chicago, but will also have some of the best head on views of the endzone videoboards. In fact, it is usually synonymous to the more commonly known act of molestation. Sections at the south endzone feature between 9 to 23 rows of seating in each section, while the north endzone sections are noticeably larger ranging between 24 to 36 rows of seating. In 2013, the Criminal Law Amendment Act was introduced on the recommendation of the Justice Verma Committee due to a sharp increase in the number of offenses against women. Fans looking in this location are encourages to compare to tickets in the 400 level sections around midfield.
How do you get bail in 354? The use of any materials or services or software is not a substitute for legal advice. In general, the term modesty means the sexual dignity of a woman which is acquired by her since the time of her birth. The judgement was that the court directed the learned Magistrate, Chandigarh to take cognizance upon the police report in respect of the offences under Sections 354 and 509 IPC and try the case himself in accordance with law. Firstly, the assault must be on a woman. A , inserted provisions excluding property to which paragraph 2 B applies, and added subpar. Try Your All in one legal practice management software — Sign Up Now! Amendment by section 6 i 2 of Pub. Inside, the Colonnades refer to sections on the North and South ends of the field.
A cookie is a piece of data stored by your browser or device that helps websites like this one recognize return visitors. The brief facts of the case are the Petitioner was an IAS officer who was called to the IG office, the accused. So, even if the situation is bleak now , the future can be better by continuous effort. C, a shareholder in Corporation Z which is not a railroad corporation , surrenders all his stock in Corporation Z in exchange for securities in Corporation Z. See, however, section 302. Girdhar Gopal was convicted under the section 354 and 342, of IPC. Amendment by section 4 h 1 of Pub.