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Physical Assault On A Woman Ipc In Middlesex
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State:
Multi-State
County:
Middlesex
Control #:
US-000298
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FAQ
Both Section 354 and Section 354A of the IPC deal with the offence of sexual harassment, but there are some differences between them. Section 354 of the IPC commits the offence of "assault or use of any criminal force to a woman with intent to outrage her modesty".
Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.
IPC 354 is a non-bailable offence, which means that the accused cannot be released on bail without the permission of the court. The punishment for this offence can range from imprisonment for a term of up to two years to imprisonment for a term of up to seven years and also include a fine.
Section 354 of the IPC states that anyone who assaults or uses criminal force against a woman with the intention of outraging her modesty, or knowing that such an act is likely to outrage her modesty, can be punished with imprisonment ranging from one to five years and may also be fined.
354 has an element of force in it. so to someone there's this physical force involved. 354A need not have any physical force involved and yet may harass anyone sexually mostly woman.
To attract the offence under Section 354 IPC there should be assault or use of criminal force on a woman, and such assault or use of criminal force must have been made with an intention to outrage her modesty or with knowledge that her modesty was in likely to be outraged.
In summary, while both Section 354 and Section 509 IPC deal with outraging the modesty of a woman, Section 354 involves physical assault or force, while Section 509 involves using words, gestures or acts that are intended to insult or offend a woman's modesty.
IPC 354 is a non-bailable offence, which means that the accused cannot be released on bail without the permission of the court. The punishment for this offence can range from imprisonment for a term of up to two years to imprisonment for a term of up to seven years and also include a fine.