The Kerala High Court has held that an offence under Section 354 of the Indian Penal Code (IPC) for outraging the modesty of a woman is attracted only when the offender’s actions are perceived as capable of shocking a woman’s sense of decency.

The Bench of Justice Muralee Krishna S., while deciding a case involving allegations of outraging modesty, clarified that culpable intention and the perception of the woman are key factors in such cases.

The case involved the President of a Parent-Teachers Association (PTA) at an upper primary school, accused of using obscene language and assaulting the school headmistress during a PTA meeting. The headmistress alleged that the accused grabbed her hands, pulled her towards him, and slapped her, causing injury.

The Trial Court had convicted the accused under Sections 323 (voluntarily causing hurt) and 354 (outraging modesty) of the IPC, sentencing him to one month of simple imprisonment for causing hurt and three months for outraging modesty. The conviction was upheld by the Additional Sessions Court.

The Court quashed the conviction under Section 354 IPC, stating, “The ultimate test for ascertaining whether modesty has been outraged is the action of the offender such as could be perceived as one which is capable of shocking the sense of decency of a woman.”

The Court relied on precedents, including Rupan Deol Bajaj v. K.P.S. Gill (1996) and State of Punjab v. Major Singh (1967), emphasizing that culpable intention is necessary to establish an offence under Section 354 IPC.

The Court noted that there was insufficient evidence from witnesses to prove that the accused acted with the intent to outrage the complainant's modesty.

While upholding the conviction under Section 323 IPC for causing hurt, the Court modified the sentence to imprisonment until the rising of the Court. The Court also directed the accused to pay Rs. 10,000 as compensation to the complainant. "If the compensation is not paid, the petitioner shall undergo simple imprisonment for a period of one month. He shall appear before the trial court to undergo the modified sentence hereby imposed on or before 30.12.2024," the Court added.

Cause Title: Nizar v. State of Kerala [Neutral Citation No. 2024:KER:89952]

Appearance:-

Petitioner: Advocates B.S.Swathi Kumar, Ashish Mohan, A.K.Rajesh, Remya Murali

Respondent: Central Government Counsel Suvin R Menon, Public Prosecutor M C Ashi

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Justice Muralee Krishna S.Kerala High Court

Sukriti Mishra