Why False Molestation cases is becoming a big problem in India

Molestation is defined under sec 354 of IPC as: “Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.”

The essential ingredients of offence under Section 354 IPC are:

1. That the assault must be on a woman.
2. That the accused have used criminal force on her.
3. That the criminal force has been used on the woman intending thereby to outrage her modesty.

In the case State of Punjab v. Major Singh the bench stated that “Under the section the accused would be guilty of an offence if he assaults or uses criminal force intending to outrage or knowing it to be likely that he will thereby outrage the modesty of a woman. This intention or knowledge is the ingredient of the offence and not woman’s feelings or reaction. The test therefore would be whether a reasonable man will think the act of the offender was intended to or was known to be likely to outrage the modesty of the woman.”

The Supreme Court of India has, on various occasions, elaborated on what modesty of a woman means. According to a bench comprising of Arijit Pasayat and S.H. Kapadia, “Modesty is a virtue which is inherent to a female owing to her sex; an attribute associated with female human beings as a class”.

The Courts have time and again observed that a woman, young or old, intelligent or imbecile, awake or sleeping, possesses modesty, which is capable of being outraged. Modesty of a woman is outraged when the act of the offender is such that it is shocking and can be perceived as an affront to feminine decency and dignity

The decision by the Bombay High Court in 2014 in the case against Mahendra Chate where it goes on to say “Even if you keep your hand on the shoulder of a woman, it is for the lady to comment on the nature of the touch, whether it was friendly, brotherly or fatherly,”

This type of interpretation nullifies the very purpose of Section 354, wherein the intention or knowledge is required to be determined from the perspective of the man who allegedly assaults or uses criminal forces and then arrive at a conclusion as to whether the said act would have amounted to outraging of modesty. This judgment leads to increase in false cases of molestation against innocent men. Because of this judgment woman finds it easy to file a case under sec 354 of IPC, i.e., molestation.

In this case the accused just pushed the woman in heat of the argument and was held guilty under sec 354 which was completely unfair, since he has no intention to outrage the modesty of the woman and no reasonable man will think this action as outraging the modesty of woman. Under sec 354 such a man shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.

Several women takes advantage of such laws and judgment and file false cases against men, due to which such men have to suffer their entire life. According to the Data given by National Crime Records Bureau Delhi 30,000 molestation cases were filed during the year 2013-2014 and 75% of cases amongst them were false.

With the increase in no. of false cases the no. of men committing suicide due to molestation cases is also increasing, the report shows more than 3500 men commit suicide in India every year due to molestation cases.