Thursday, January 28, 2010

Section 354 Indian Penal Code

A suggestion to amend the law. Please share your valuable comments:

Indian Penal Code
Section 354: Assault or criminal force to woman with intent to outrage her modestyWhoever 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 description for a term which may extend to two years, or with fine, or with both.

STATE AMENDMENTS
ANDHRA PRADESH
Section 354. Assault or criminal force to woman with intent to outrage her modestyWhoever 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 description for a term which also shall not be less than five years but which may extend to seven years and also be liable to fine.Provided that the court may, fore adequate and special reasons to be mentioned in the judgement, imposed a sentence of imprisonment of either description of a term which may be less then five years, but which shall not be less than two years.
MADHYA PRADESH
Section 354A. Assault or use of criminal force to woman with intent to disrobe herWhoever assaults or uses criminal force to any woman or abets or conspires to assault or uses such criminal force to any intending to outrage or knowing it to be likely that by such assault, he will thereby outrage or causes to be outraged the modesty of woman by disrobing or compel her to be naked on any public place, shall be punished with imprisonment of either description for a term which also shall not be less than one year but which may extend to ten years and also be liable to fine. [Vide Madhya Pradesh Act 14 of 2004, section 3 (w.e.f.2-12-2004)]STATE OF ORISSA: In the First Schedule to the said Code in the entry under column 5 relating to section 345 or the IndianPenal Code 1860 for the word” bailabe’ the word ‘non bailable’ shall be substituted .

Suggestion to amend the section:

Section 354. Assault or criminal force to a person with intent to outrage the modesty of the personWhoever assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that the abuser will thereby outrage the person modesty, shall be punished with imprisonment of either description for a term which also shall not be less than five years but which may extend to seven years and also be liable to fine.
Provided that if the person in respect of whom an offence committed under this section is a child below the age of 18 years the punishment provided under this section shall extend to imprisonment for a term of not less than seven years.

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