Mere Physical Force Without Intent To Insult Woman Modesty is Insufficient to Invoke Section 354 IPC : J&K HC

The Jammu & Kashmir High Court, quashing an FIR under Sections 354 & 447 IPC, held that mere use of criminal force against a woman, without intent or knowledge to outrage her modesty, does not constitute an offence under Section 354 IPC.

The bench of Justice Sanjay Dhar emphasised that the intention to outrage modesty is a basic ingredient of the offence.

In the case, a septuagenarian woman alleged nephews pushed her in a land dispute, dislodging her headgear.

The court found no evidence of intent to outrage modesty and noted the matter stemmed from a civil property dispute, thus quashing the FIR. (Raja Asif Farooq v UT Of J&K)