MODESTY OF A WOMAN.pptx

ipc

1. MODESTY OF A WOMAN ANGAD CHOWDHARY

2. Introduction​ Provisions relating to modesty of a woman ​Case laws Conclusion ​

3. Introduction In order to understand the provisions related to insult or outrage the modesty of a woman, its essential to first understand what does modesty mean. The word ‘ MODESTY’ has been taken from latin word ‘ MODESTUS’ which means keeping within measure. So we can infer that the minimum amount of dignity while dealing with woman has to be kept in mind by the society, beyond that it is considered to be outraging or insulting the modesty of a woman. For women their sextual sanctity is modesty and no woman can tolerate such outrage or insult on their modesty. MODESTY OF A WOMAN = SEXTUAL SANCTITY 3

4. Insulting the modesty of a woman( section 509) mens rea- intention to insult the modesty of a woman actus reus- uttering and word, gesture, sound, or object shown provided that the intention of the person is that the woman should hear, see or hears such thing or intrudes the privacy of the woman. Accused if proved guilty is liable for imprisonment for up to 3 years( si ) and fine here is mandatory. 4

5. Outraging the modesty of a woman(section 354) 5 Actus reus- assault/ use of criminal force Mens reus- To cause or likelihood of outraging modesty of a woman Punishment not less than 1 year but can be extended to 5 years and fine is mandatory.

6. Rupal deo bajaj v. kanwar pal singh 1995 Modesty is the sextual santity of a woman. Slapping on the posterior of a woman amounts to outraging the modesty of a woman in front of the crowd. If man not touching woman in sextual parts then it is not a case of outraging the modesty of a woman. But if man pulls a woman towards himself so that front part of woman touches him then it also amounts to outraging the modesty of a woman. 6

7. State of p.b v. major singh 1967 Whether woman unconscious of sextual sanctity or girl child then also it will amount to outraging the modesty of the woman. Woman is considered t have sanctity and dignity from birth. 7

8. Sextual harassment( section 354 a) Man who : Makes physical contact and advances unwelcomed gestures( in sextual sense) or Demand or request for sextual favours or Showing porn against the will of a woman or Making sextually coloured remarks( innuendo) For first three points the accused can attract the imprisonment of 3 years of R.I or with fine or both. For fourth point the accused can be punished up to 1 year imprisonment or with fine or both. 8

9. Intent to disrobe (section 354 B) Actus reus- Assault/criminal force/abets. Mens rea- Intention to disrobing a woman or compelling her to disrobe. Mandatory punishment of not less than 3 years and can be extended up to 7 years fine here also. 9

10. Voyeurism (section 354 C) Means when woman involved in private act eg. Using lavatory, underwear, sextual activity etc.) in short when she is not concerned about her sextual sanctity. Man watches or captures her engagement in some activity above. She has no expectation of being watched/captured For the first time punishment not less than 1 year and can be extended up to 3 years and fine mandatory. For subsequent commission not less than 3 years which can be extended up to 7 years and fine. 10

11. Explanation 1- private act includes, victims genitals, posterior, breasts are exposed or covered only in under garments or lavatory or sextual act. Explanation 2- Where woman consents for image or any act but not to be shown to any 3rd person and when disseminated such act shall also be liable under the same section. For application of this section woman must be engaged in some private act and not public act. 11

12. Stalking (section 354 d) Man who follows a woman and contacts of attempts to contact such woman( with woman’s express or implied disinterest in such contact). To foster personal interaction repeatedly, despite clear interest by woman. (not for sextual interaction for normal interaction only) or Monitors the use by a woman of the internet, email or any form of electronic communication. 12

13. Exceptions:- It was pursued for the purpose of preventing or detecting crime and man accused had been entrusted with the responsibility of prevention and detection of crime by state. Done under any law. Done, where circumstances are just and reasonable. For first conviction under section 354 D, accused can be sentenced to imprisonment up to 3 years and fine. For subsequent conviction the imprisonment can be extended up to 5 years and fine. 13

14. Gender neutrality The section 354 IPC is gender neutral as anyone can outrage the modesty of a woman, recently in metropolitan magistrates court it was held that a woman can also be held liable for outraging the modesty of a woman as she tore the clothes of the victim in front of the crowd. Therefore the mother of 3 children was sentenced to 1 year imprisonment by the metropolitan magistrate. 14

15. conclusion The outraging of the modesty of a woman is a punishable offence under the Indian Penal Code 1860. Prior to Nirbhaya case i.e. before 2012 there were not effective provisions relating to outraging the modesty of a woman, rape definition was widened etc. Women and men both should be respected and treated with dignity as man is a social being and cannot exist without society so before disrespecting others one should know what law says and breaking the law is punishable at all times. 15

16. THANK YOU ANGAD CHOWDHARY [email protected]