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Ajay Kumar Tripathi   30 July 2017

application of S.354 on woman

whether a woman can be charged under section 354 of IPC


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 3 Replies

manu seth (N/A)     30 July 2017

I think a lot depends upon facts and circumstances of the case, and how the judge peruses pursuant to filing of challan. Section 354 of the IPC nowhere adopts a gender based approach as regards accused  and says "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".

Hence, if any harm has been done to the body of the victim with an intent to outrage her modesty, the accused even if a woman can very well be prosecuted within the ambit of Sec. 354 IPC.

Ajay Kumar Tripathi   30 July 2017

thanks a lot

R Trivedi (advocate.dma@gmail.com)     04 August 2017

There is a use of word 'he' in 354 but as per general clause act, it can be taken as both he or she. The point is the other female can also file the same case. Counterblast.

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