Holding woman’s hand without any lustful intention, doesn’t outrage her modesty says Kerala Court

A Kerala Court recently held that merely catching a woman’s hands and threatening her without any lustful intention will not cause offence of outraging the modesty of a woman under Section 354 of the Indian Penal Code (IPC).

Santosh TK, the Judicial Magistrate-ll Judge at Aluva observed that a form of mere assault or criminal force would not attract offence under Section 354 of IPC.

The court also highlighted that one must have a culpable intention on their part to be declared as accused to outrage the victim lady’s modesty to convict him under Section 354 IPC.

In its judgment, the Court stated, “Mere assault or criminal force does not amount to an offence. The culpable intention to outrage the modesty of the victim is to be proved. Mere holding PW1’s hand and threatening her that he would kill her will not attract offence under Section 354 of IPC.”

The case was presented before the Court regarding an incident that took place back in 2013. According to the prosecution, a woman had gone to a temple to offer her prayer at the same time, the accused caught her hands followed by a threat to kill her.

The criminal case filed against the accused alleging that he had committed offences under different Sections of the IPC mainly 354 (assault or criminal force to woman with intent to outrage her modesty) and 506 (1) (criminal Intimidation) of the IPC.

Post thorough analysis of statements and evidence, however, the judge found that the accused person had no intention to outrage the woman’s modesty. Though holding a woman’s hand and threatening can’t be taken out of a criminal offence.

The judge made his remark on the matter, “There is absolutely nothing on record to show that the accused uttered any indecent words or had any intention to use the victim to satisfy his lust.”

As a result, the Court quashed the charges made against him under a couple of Sections of the Indian Penal Code (IPC).

However, the court also made it clear that the accused was liable to be convicted for criminal intimidation under Section 506 (1) of the IPC for threatening the woman to kill her with the intention to frighten her.

Hence, the Court sentenced the accused to simple imprisonment for two months and also imposed a fine of ₹ 5,000 on him.

Source: https://www.barandbench.com/news/litigation/hold-woman-hand-without-lustful-intention-not-outraging-modesty-kerala-court