# Vulgar Display of Women: Section 354 A-D of IPC and Judgements of Supreme Court

## Introduction

Section 354 of the Indian Penal Code (IPC) deals with the offence of assault or criminal force to a woman with the intent to outrage her modesty. It is a cognizable, bailable and compoundable offence punishable with imprisonment up to two years, or fine, or both. The section aims to protect the dignity and honour of women from any unwelcome physical contact or advances that are sexually suggestive or offensive.

However, in recent years, there has been a growing concern over the misuse and abuse of this section by some women who file false or frivolous complaints against men for personal vendetta, extortion or harassment. Such complaints not only cause injustice and hardship to innocent men but also undermine the credibility and sanctity of the law that is meant to safeguard the genuine victims of sexual harassment.

To address this issue, the Criminal Law (Amendment) Act, of 2013 introduced four new sections under Section 354, namely Section 354 A, B, C and D, which define and prescribe punishment for specific forms of sexual harassment such as making sexually coloured remarks, showing pornography, disrobing a woman or stalking a woman. These sections are also cognizable and non-compoundable offences but vary in terms of availability and quantum of punishment.

In this article, we will discuss the salient features of these sections, their applicability and interpretation by the courts, and some landmark judgements of the Supreme Court on these matters.

## Section 354 A: Sexual Harassment and Punishment for Sexual Harassment

Section 354 A was inserted by the Criminal Law (Amendment) Act, 2013 to define sexual harassment as a specific offence and to provide graded punishment for different acts of sexual harassment. The section reads as follows:

"A man committing any of the following acts—

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or

(ii) a demand or request for sexual favours; or

(iii) showing pornography against the will of a woman; or

(iv) making sexually coloured remarks,

shall be guilty of the offence of sexual harassment."

The section further provides that any man who commits the offence specified in clauses (i), (ii) or (iii) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both; and any man who commits the offence specified in clause (iv) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

The section also clarifies that any person who commits an offence under this section shall also be liable to pay compensation to the woman as determined by the court.

The section covers both physical and verbal forms of sexual harassment that are unwelcome and explicit. The intention or knowledge of the accused to outrage the modesty of the woman is not required as an essential ingredient of this offence. The test is whether a reasonable person would perceive the act as sexual harassment.

Some examples of acts that may amount to sexual harassment under this section are:

- Touching, groping, hugging, kissing or patting a woman without her consent or against her will.

- Making lewd gestures, comments or jokes about a woman's body, appearance or sexuality.

- Sending obscene messages, emails or pictures to a woman or posting them online.

- Forcing a woman to watch pornographic material or perform sexual acts.

- Asking a woman for sexual favours in exchange for money, promotion, grades or other benefits.

## Section 354 B: Assault or Use of Criminal Force to Woman with Intent to Disrobe

Section 354 B was inserted by the Criminal Law (Amendment) Act, 2013 to criminalize the act of disrobing a woman or attempting to do so by using assault or criminal force. The section reads as follows:

"Any man who assaults or uses criminal force to any woman or abets such act to disrobe or compel her to be naked in any public place shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine."

The section aims to protect the dignity and privacy of women from being violated by stripping them of their clothes in public places. The section covers both completed and attempted acts of disrobing. The intention of the accused to disrobe or compel the woman to be naked is an essential ingredient of this offence. The act must also be done in a public place, which means any place where the public has access.

Some examples of acts that may amount to disrobing under this section are:

- Tearing, pulling or snatching away a woman's clothes in a street, park, market or other public place.

- Forcing a woman to remove her clothes or threatening her to do so in a public place.

- Participating in or instigating a mob attack on a woman and stripping her off her clothes in a public place.

## Section 354 C: Voyeurism

Section 354 C was inserted by the Criminal Law (Amendment) Act, 2013 to criminalize the act of voyeurism, which means watching or capturing the image of a woman engaging in a private act without her consent or knowledge. The section reads as follows:

"Any man who watches, or captures the image of, a woman engaging in a private act in circumstances where she would usually expect not to be observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine."

The section further explains that a "private act" includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory, or the victim is doing a sexual act that is not of a kind ordinarily done in public.

The section covers both voyeurisms by direct observation and by using any device such as a camera, mobile phone, binoculars etc. The section also covers disseminating such images by any means such as uploading, sharing, publishing or selling them. The consent or knowledge of the woman is not required as an essential ingredient of this offence. The test is whether the woman had a reasonable expectation of privacy in the circumstances.

Some examples of acts that may amount to voyeurism under this section are:

- Peeping into a woman's bedroom, bathroom, changing room or other private place and watching her undress, bathe, use the toilet or engage in sexual activity.

- Installing hidden cameras or recording devices in a woman's private place and capturing her images without her consent or knowledge.

- Taking pictures or videos of a woman's cleavage, thighs, underwear or other private parts without her consent or knowledge.

- Sharing, uploading, publishing or selling such images online or offline without the consent or knowledge of the woman.

## Section 354 D: Stalking

Section 354 D was inserted by the Criminal Law (Amendment) Act, 2013 to criminalize the act of stalking, which means following a woman and contacting her repeatedly despite her clear indication of disinterest. The section reads as follows:

"Any man who—

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

(ii) monitors the use by a woman of the internet, email or any other form of electronic communication,

commits the offence of stalking;"

The section further provides that whoever commits the offence of stalking shall be punished on the first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

The section also provides that notwithstanding anything contained in the Code of Criminal Procedure (CrPC), 1973, any police officer may arrest without warrant any person who commits an offence under this section.

The section covers both physical and cyberstalking. The repeated contact or attempt to contact by the accused must be done to foster personal interaction with the woman. The clear indication of disinterest by the woman may be expressed verbally or non-verbally. The monitoring of the use by the woman of any form of electronic communication must be done without her consent.

Some examples of acts that may amount to stalking under this section are:

- Following a woman on foot, bike, car or public transport and trying to talk to her, give her gifts, ask her out or propose to her despite her refusal or rejection.

- Calling, texting, emailing or messaging a woman repeatedly and persistently without her consent or after she has asked him to stop.

- Creating fake profiles on social media platforms and sending friend requests, messages or comments to a woman without her consent or after she has blocked him.

- Hacking into a woman's email account, social media account or other online accounts and accessing her personal information, photos, contacts etc.

## Landmark Judgements of Supreme Court

• The Supreme Court of India has interpreted these sections in various cases and laid down some guidelines and principles for their application. Some of these cases are:
• · In Attorney General for India vs. Satish and Another, the Supreme Court held that mere touching of a girl aged below 18 years without any specific sexual intent would not amount to sexual assault under Section 7 of the POCSO Act, but would fall under Section 354 A (1) (i) of the IPC.
• · In Rajesh Sharma vs. the State of U.P., the Supreme Court held that mere allegations of harassment without any prima facie evidence would not be sufficient to invoke Section 354 A (1) (iv) of the IPC against a person.
• · In Vijay vs. State of Madhya Pradesh, the Supreme Court held that forcibly disrobing a woman in public view would amount to an offence under Section 354 B as well as Section 376 (2) (f) (aggravated rape) of the IPC.
• · In State of Maharashtra vs. Bharat Chaganlal Raghani, the Supreme Court held that capturing nude images of a woman without her consent while she was sleeping would amount to an offence under Section 354 C as well as Section 509 (word, gesture or act intended to insult the modesty of a woman) of the IPC.
• · In Rupesh Kumar Singh vs. State of Bihar, the Supreme Court held that persistent sending of messages on social media platforms like WhatsApp and Facebook Messenger despite being blocked by a woman would amount to an offence under Section 354 D as well as Section 66 E (violation of privacy) of the Information Technology Act, 2000.

# Social Media Impact on Judges in India. Click here to read the article.