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Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): Arijit Pasayat, S. H. Kapadia , JJ

(A) Penal Code (45 of 1860) , S.354— Outraging modesty of a woman - Ingredients of - Re-stated. The essential ingredients of offence under Section 354, IPC are : (a) That the assault must be on a woman. (b) That the accused must have used criminal force on her. (c) That the criminal force must have been used on the woman intending thereby to outrage her modesty.(Para 8) (B) Penal Code (45 of 1860) , S.354— Outraging modesty of woman - "Modesty" - Defined - Modesty of a woman is her sex - Modesty - Meaning and concept - Explained and disscused. Modesty in Section 354 is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. (1876) 7 C and P 817, Rel. on.(Para 9 10) (C) Penal Code (45 of 1860) , S.354— Outrag....