Kerala HC Clarifies: Section 354 IPC Requires Culpable Intent and Shocking Actions to Outrage Modesty
The Kerala High Court recently ruled that an offence under Section 354 of the Indian Penal Code (IPC), concerning outraging a woman's modesty, is applicable only when the offender's conduct is deemed capable of shocking a woman's sense of decency. Justice Muralee Krishna S., presiding over the matter, highlighted that both the offender's culpable intention and the woman’s perception are essential elements in such cases.
The case arose from allegations against the President of a Parent-Teachers Association (PTA) at an upper primary school. He was accused of using obscene language and assaulting the headmistress during a PTA meeting. The headmistress claimed that he grabbed her hands, pulled her, and slapped her, causing injury.
The Trial Court had convicted the accused under Sections 323 (voluntarily causing hurt) and 354 (outraging the modesty of a women) IPC, sentencing him to one month of simple imprisonment for causing hurt and three months for outraging modesty. This conviction was upheld by the Additional Sessions Court. However, the High Court quashed the Section 354 conviction, observing, “The ultimate test for ascertaining whether modesty has been outraged is the action of the offender such as could be perceived as one which is capable of shocking the sense of decency of a woman.”
The Court, citing precedents like Rupan Deol Bajaj v. K.P.S. Gill (1996) and State of Punjab v. Major Singh (1967), underscored that evidence of intent to outrage modesty was lacking in this case. The conviction under Section 323 IPC was upheld, but the sentence was modified to imprisonment until the rising of the Court. Additionally, the accused was directed to pay Rs. 10,000 as compensation to the complainant. The judgment clarified that failure to pay the compensation would result in a one-month simple imprisonment, with the accused required to comply by December 30, 2024.
Cause Title: Nizar v. State of Kerala
Date: November -29- 2024
Bench: Justice Muralee Krishna S.
[Read/Download order]
