BACK TO SECTIONS(1995) 6 SCC 194
IPC 1860REPEALED
Section 354
Assault or criminal force to woman with intent to outrage her modesty
Replaced by: BNS 74
Non-BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
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.
Simplified
Section 354 was India's primary legal tool against physical molestation and sexual assault short of rape for 150+ years. Two elements: (1) assault or criminal force used against a woman; (2) intent to outrage modesty or knowledge the act is likely to outrage it. Intent can be inferred from the nature of the act. The 2013 amendment introduced four sub-sections: 354A (sexual harassment), 354B (intent to disrobe), 354C (voyeurism), 354D (stalking) — creating a comprehensive framework. Minimum 1-year sentence (post-2013) reflects the serious psychological harm of sexual assault even without penetration.
Legal Evolution
Rupan Deol Bajaj v. KPS Gill (1995) — IPS officer filed Section 354 against DGP KPS Gill for slapping her on the posterior at a party. Supreme Court upheld conviction — Section 354 applies to even brief moments of indecency.
Landmark Precedents
Rupan Deol Bajaj v. KPS Gill (1995)
RELEVANCE
A single brief act of sexual indecency constitutes outraging modesty — established the broad scope of Section 354.
Practical Scenarios
"Forcibly pulling a woman's scarf — Section 354."
"Groping or inappropriate touching in a public place — Section 354."
"A senior official slapping a woman on her private part at an official function — Section 354."
Common Queries
No — Section 354 is Cognizable and Non-Bailable despite its relatively modest maximum of 5 years.
IPC 354 → BNS 74, with the same 1–5 year punishment structure.