Indian Penal Code, 1860
Section 354
repealedAssault 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 there by outrage her modesty1, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.
Why this exists
This provision protects women's bodily dignity and integrity from acts of sexual assault that do not fall under more serious offences like rape. It has a minimum mandatory sentence, reflecting how seriously the law treats violations of a woman's dignity through unwanted physical contact. After 2024, this offence corresponds to Section 74 of the Bharatiya Nyaya Sanhita.
How courts read it
Courts have held that 'modesty' is an attribute associated with the female sex regardless of age, and that the key question is whether the action was one that any reasonable person would recognise as capable of shocking a woman's sense of decency, based on the facts of each case rather than a rigid formula. The Supreme Court has clarified in various judgments that both intention and knowledge of likely outrage can independently establish the offence.
Common misconceptions
- Myth: The victim's clothing or behaviour is relevant to whether modesty was outraged.
Fact: Courts have focused on the accused's actions and intent or knowledge, not on the victim's clothing or conduct, as the basis for whether the offence occurred.