." Assault or criminal force to woman with intent to outrage her modesty.—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 either descripttion for a term which may extend to two years, or with fine, or with both"
In India Marital Rape is not an offence!
now my question is? Can wife file a case under section 354?.(s*xual abuse?)
if she can, how?
in the definition "Any women " Means what? (including wife? or excluding Wife?)
here my doubt is? any women means Including wife then both Husbend and wife can be treated as two different bodies right? why courts giving divorce to wife and Husbend, when they seperate(two persons)?
now the question is? if wife and husbend are treated as two persons, what is the meaning of the Marriage?
what is the possibility of the 354 section applicability of wife and husbend?
indian costitution says that:
Right to Freedom (20.) Protection in respect of conviction for offences.- (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
now the question is?
how many times same complainant file a case under one section(lets assume 354!) against the same accussed in the same court in the same police station.
but story is different for each time offence, and place of offence will be changed.if first offence disposed by the court.
participate in this debate if u r an intellegent lawyer?
c u in next post! gud day!
