Jammu & Kashmir High Court: Slapping Wife in Public Not a Crime under Section 354 IPC

The Court explained that while no offence for “outraging the modesty of a woman” was made out, charges under Section 323, IPC for causing hurt would be attracted.

The High Court of Jammu and Kashmir and Ladakh recently quashed the process initiated by a trial court against an individual for purportedly contravening Section 354 of the Indian Penal Code (IPC), which pertains to the commission of assault or criminal force against a woman with the intention of outraging her modesty. This action was taken in the case of Mehboob Ali v. Nisar Fatima.

Justice Rajnesh Oswal, presiding over the matter, determined that the alleged act of the individual slapping his wife in a public setting did not constitute an offence under Section 354 IPC. Nonetheless, the Court recognized the potential applicability of Section 323 IPC, concerning voluntarily causing hurt.

From the averments made in the complaint, no offence under Section 354 IPC is made out but offence under Section 323 IPC is made out as the respondent has categorically stated that she was thrashed and slapped in public gaze by the petitioner when she had come to attend the proceedings,” the Court’s order said.

The Court was considering a petition from the husband contesting the trial Court’s decision to initiate legal proceedings based on a complaint filed by his wife, alleging violations of Sections 354 and 323 of the IPC.

Amidst ongoing matrimonial disputes, the wife asserted that during a visit to the family court for a hearing on their marital issues, her estranged husband publicly slapped her, causing injury.

The complaint lodged against the husband, involving Sections 323 and 354 of the IPC, led to the trial court initiating proceedings against him. This action was contested by the husband in the High Court.

Challenges to the trial court proceedings were based on the argument that the court had improperly initiated proceedings under Section 354 of the IPC, as the allegations did not sufficiently support invoking this provision.

The wife’s legal representative acknowledged that the elements of the offence under Section 354 IPC were not met but contended that the offence under Section 323 IPC remained applicable.

The High Court concurred with this argument, dismissing the case under Section 354 IPC while affirming the initiation of proceedings under Section 323 IPC.

“This Court is of the considered view that order dated 30-03-2022, so far as issuance of process for commission of offence under Section 354 IPC is considered, the same is not sustainable in the eyes of law and, accordingly, the same is quashed whereas the order to the extent of issuance of process under Section 323 IPC is upheld,” the order said.