Mere Touching Does Not Amount to Offence under IPC Section 354: Gauhati High Court

The Gauhati High Court held that mere physical contact, without the use of criminal force, does not attract the offence of outraging a woman’s modesty under Section 354 IPC.

The Court was hearing a petition seeking quashing of criminal proceedings against an IIT professor accused of holding the complainant’s hand during a car journey.

Interpreting the definition of “force” under Section 349 IPC, the Court observed that the provision requires movement, restraint, or control over a person’s body, which was not alleged in the present case. The Court also noted that similar allegations had earlier been found baseless in a departmental inquiry.

The Court quashed the FIR, charge sheet and pending trial.

[VK v. State of Assam & Anr.]