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...change her sari. There is nothing to show that this petitioner had said or uttered any other word, abusive or otherwise.2. What is punishable under Section 509 IPC is any word said, or thing done, or...insulting the modesty of a woman. What is insulted, for a prosecution, must be the modesty of a women and not the modesty of her dress. In thi...or otherwise. To bring a prosecution under Section 509 IPC, there must be something definite, insulting the modesty of a woman. The complaint made by the 2 respondent in this case does not contain...
...assault upon a woman is punished punishable under this Section. It provides for punishment for outraging modesty of a woman. Significantly, there is no statutory definition ...modesty. However, it is clear that there must be intention and knowledge that the womans’ modesty will be outraged. It would be outrage of modesty of a woman which act would be t...and touching if. Commonly that act will fall within the ambit of Section 354. Essence of a womans’ modesty is her sex. The culpable intention of the accused is crux of the offenc...
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7. What amounts to outraging modesty of a woman is nowhere defined in the Penal Code. According to the Supreme Court, the essence of woman's modesty ...Judge have to be gauged by contemporary societal standards. The other learned Judge (Batchawat J.) observed that the essence of a woman's modesty is her sex and from her very birth she possesses the...of a woman. When the above test is applied in the present case, keeping in view the total fact situation, it cannot but be held that the alleged act of Mr.Gill in slapping Mrs.Bajaj on her posterior...
...defeat the object of the section. The learned Judge said that modesty had to be judged by the prevalent notions of modesty. If this is so, it will also have to be decided what the prevalent notion...with both".
What is made an offence under s. 14 is the act of the culprit irrespective of its reaction on the woman. The question is whether under S. 354 t...Penal Code explains that "woman" denotes a female human being of any age. The expression "woman" is used in s. 354 in conformity with this explanation, see s. 7. The offence punishable under s. 354 ...
...Trial Court has come to the conclusion that, the accused has committed the offence of outraging the modesty of a woman. Section 354 of IPC defines what is outraging the ..., has come to the conclusion that, the offence of outraging the modesty of a woman is proved in its complete sense. It is the accused who is guilty of committing the sai...associated with the female human being, as a class. Its virtue which attaches to a female owing to her sex. The ultimate test for ascertaining whether the modesty of a woman has been outraged...
...behaviour or sense of shame proceeding from extinetive (sic) aversion to impure or coarse suggestions possessed by a man as distinct from a woman. From this it is obvious that what the legislature...necessary under this section that the act complained of should have resulted in outraging or insulting, the modesty of a woman. What is necessary to prove is that such act has be...person takes indecent liberties with them, he will be as much punishable as if he had outraged the modesty of a virtuous woman. But, in me case of such women, the question would be whether what wa...
...attract culpability under Sections 376/511 IPC. But the case is certainly one of indecent assault upon a woman. Essential ingredients of the offence punishable under Section 354 IPC are that the person ass...a woman's modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is no...sexual intercourse, is such as would be an outrage to the modesty of a woman, and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence withou...
...modesty of a woman is nowhere defined in the Penal Code. According to the Supreme Court, the essence of woman's modesty is her sex. Modesty of a ...offender could be perceived as offending the decency of a woman. Every physical assault on a woman cannot be said to be the act of outraging her modesty. The essence of the offen...IPC. The allegations, in brief, of the charge sheet are as follows:
2ndrespondent/defacto complainant is a house wife. Municipal authorities were digging a canal...
...Section 354 of IPC. The learned Magistrate having jurisdiction will have to examine the case records, and see what actually happened, or whether this is in fact a real case of outrage of ...admittedly happened on a public road. If so, the allegation under Section 376 read with Section 311 of IPC is really doubtful. Then what remains is only the offence under...of investigation, and that if the accused is now released, he will definitely obstruct the proper and effective investigation.3. On a perusal of the case diary, I find that the main...
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7. What amounts to outraging modesty of a woman is nowhere defined in the Indian Penal code. It is laid down by the Supreme Court that the essence .... Modesty of a woman can be said to be outraged if the action of the offender could be perceived as offending the decency of a woman. Every physical assault on a ...outraging her modesty. The essence of the offence is that the assault or use of criminal force must be with the intention of outraging the modesty of the woman or with the knowle...
...upon by the learned Additional Advocate General is State of Punjab v. Major Singh's case (supra). In this judgment, the Supreme Court has explained what is meant by 'outraging the modesty of ...modesty of a woman and in such a case, the trial Court ought not to have returned a finding of acquittal. The impugned judgment is not based on proper appreciation of ev...intention. Nor has it been conclusively proved from the evidence on record that he committed a particular act which amounted to outraging the modesty of the complainant.
17. What is...
...the substratum of the case.
[26] The question that is also important to note is that what is the modesty of a woman and how th...the criminal antecedents. A man of forty years as alleged to have outraged the modesty of a woman who is almost in the age of her daughter and to save her modesty, the g....
[17] PW-4, Smt. Shipra Das is the mother of the victim. She is purely a hear say evidence as what she narrated to the investigating officer or in the court was that ...
...modest; and in relation to woman, “womanly propriety of behaviour; scrupulous chastity of thought, speech and conduct.” The person assaulted must be a woman. Accused must have used criminal force on her in...that “In my opinion, there is no objective sign of attempt of sexual intercourse.” This evidence go a long way in proving that no offence under Section 376 read with Section 511 of...outraging modesty of the prosecutrix. Of course, the prosecutrix as PW-6 has deposed that bad act was done with her. It is apt to be borne in mind that the occurrence took place in April, 1996 though...
...of this, firstly there has to be assault or use of force, and consequently it must be with an intention to dishonor or outrage the modesty of the woman. The prosecution has failed to prove the use ...behalf of the appellant, is that, this being the requirement of the section, the prosecution has utterly failed to prove the same beyond doubt, and that there was assault or use of force to a ...belonging to Scheduled Caste or Scheduled Tribe. What has been proved by the prosecution is that the prosecutrix complainant a woman was belonging to the Scheduled Caste and Scheduled Tribe, was requested...
...discard the oral testimony of PW1. However, what constitutes an outrage of the modesty of a woman is nowhere defined. It can be described as the quality of being modest ...."
6. In order to attract the offence u/s.354 IPC, the intention to outrage the modesty of a woman is not the sole criterion of the offence. It can be committed...Kannangara amsom, thereby outraged the modesty of a woman. For that, Kakkur Police registered a crime and after completing investigation, Sub Inspector laid charge in the trial Court. During trial prosecut...
...criminal force would assume different connotations in different contexts. Holding the hand of a woman in public place with the suggestion for illicit relationship would be covered in criminal force. Further, it is .... The provisions of sec. 354 refer to ‘assault or criminal force to a woman with intention to outrage her modesty’. It is required to be noted that though the submissions have been made by learned...outraging the modesty of a woman is not...
...)“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 ..., opined as under:“The offence punishable under Section 354 is an assault on or use of criminal force to a woman with the intention of outraging her modesty or w...incorporated in the Penal Code relating to outraging the modesty of a woman/girl under Sections 366 and 354.29. Section 366 IPC is set out as under...
...Rupan Deol Bajaj v. Kanwar Pal Singh Gill1, in paragraphs 13, 14 and 15, it is discussed about the meaning of the word '...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 either description for a term which may extend to...her hand. Section 354 of IPC reads as follows:
"354. Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults or uses criminal...
...constituency, was castigated publicly saying that she was under influence of liquor, such utterance, especially to a lady, is according to Mr. Banerjee, a sexist comment which insulted the modesty ...to establish the offence, it is necessary to show that the modesty of a particular woman has been insulted by a spoken word, gesture or physical act. The word modesty has not been defined...to deal with the scope and extent of the meaning “Modesty of a woman”. Paragraph 6 of the aforesaid report is relevant and quoted below:—
“6…We have now to f...
...the assault must be on a woman.(b) That the accused must have used criminal force on her.(c) That the criminal force must have been used on ...request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the of...said to be possessed of “modesty” which could be outraged. In answering the above question the majority view was that when any act done to or in the presence of a woman is clearly suggestive ...