A legal provision that addresses the issue of assault or use of criminal force against a woman to upset her modesty is Section 354 IPC. The purpose of this section of Indian criminal law is to safeguard the integrity and dignity of women.
Section 354 IPC- Sexual Harassment and punishment for sexual harassment.
- A man engaging in any of the subsequent offenses:
- Unwelcome and explicit sexual advances and physical contact; demands or requests for sexual favors; showing pornography against a woman’s will; sexually suggestive comments,
- Any man who violates one of the provisions listed in clauses (i), (ii), or (iii) of sub-section (1) faces a sentence of rigorous imprisonment, up to a maximum of three years, or both.
- The punishment for any man who commits the offense listed in clause (iv) of sub-section (1) is either a fine or both, or else imprisonment of any kind for a maximum of one year.
Vishakha V. State of Rajasthan (Air 1997 Sc 3011)
- 2013 saw the addition of IPC Section 354A through an amendment. Before the “Vaisakha Guidelines,” which were provided in this case, there was no legislation governing sexual harassment in the workplace.
- The Vishakha Guidelines led to the introduction of Section 354A, which expressly addresses sexual harassment. It includes showing pornography to women against their will, demanding sexual favors, making sexually suggestive comments, and engaging in physical contact. Such offenses carry a maximum sentence of three years in prison, a fine, or both.
- Any unwanted sexually determined behavior (directly, indirectly, or impliedly) such as physical contact and advances, demand for or request for sexual favors, sexually suggestive comments, displaying pornography, and other unwanted physical, verbal, or nonverbal conduct of a sexual nature was defined as sexual harassment.
IPC Section 354B
Any man who uses criminal force against, or aids and abets in the assault of a woman with the intent to strip her naked or force her to live in that state will be punished with a minimum of three years in prison, a maximum of seven years, and a fine.
The word “assault” essentially refers to a physical attack. IPC Section 354B defines assault as more than just a physical attack; it also includes verbal and nonverbal behaviors.
The use of criminal force or assault against a woman to rob her is covered by Section 354B. This section imposes a severe punishment of three to seven years in prison and a fine, acknowledging the grave violation of a woman’s privacy and dignity in such acts. The fact that it is a cognizable offense and not subject to bail reflects how seriously the law takes these infractions.
IPC Section 354C: Voyeurism
On first conviction, a man faces imprisonment of either description for a term that may include up to three years in prison and a fine. This punishment applies to any man who witnesses or records an image of a woman performing a private act in circumstances that are witnessed by the perpetrator or by another person acting on the perpetrator’s behalf.
IPC section 354C covers invasions of privacy and personal space.
Example: Putting cameras in various trial rooms or if the footage or pictures are shared against the subject’s wishes. It involves posting photos of oneself online, either fully or partially nude. It is one of the most common crimes, beginning with the current state of India.
Voyeurism is dealt with in Section 354C of the IPC, which makes it illegal to watch or take pictures of a woman in private without her permission. The digital era’s privacy violations are covered in this section. Examples of these violations include sharing private photos without authorization and installing cameras in unoccupied spaces. Voyeurism carries a maximum sentence of three years in prison as well as a fine.
Difference between Section 354, 354A, 354B, 354C and 354D of IPC
| Section | Offense | Punishment | Characteristics |
| 354 | assault or illegal force committed against a woman to offend her modesty. | Up to 2 years imprisonment, or fine, or both. | Focus on acts infringing a woman’s modesty. |
| 354A | Sexual harassment includes unwanted advances and actions. | Up to 3 years of imprisonment, or fine, or both. | Covers physical contact, demands, and sexually colored remarks. |
| 354B | assault or use of force with the intent to remove a woman’s clothing. | Imprisonment of 3 to 7 years, and a fine. | Specific to actions aimed at disrobing a woman. |
| 354C | Voyeurism: Watching or capturing a woman in a private act without consent. | 1 to 3 years of imprisonment and a fine for a first conviction. | Involves invasion of privacy in personal spaces. |
| 354D | Stalking: Following a woman and contacting her against her will. | Up to three years in prison for a first conviction, up to five years in prison for subsequent offenses, plus a fine. | Includes persistent, unwanted attention and contact. |
IPC Section 354D
- Follows and makes repeated attempts to get in touch with a woman to establish a personal relationship, even though the woman makes it obvious that she is not interested; or
- Stalks a woman by keeping an eye on how she uses the internet, email, or any other electronic communication method. With the understanding that should the man pursuing the behaviour demonstrate that—
- The State had entrusted the accused man with the responsibility of preventing and detecting crime, and the pursuit was made with that goal in mind; alternatively
- It was pursued to obey any legal requirements or conditions imposed by anybody under any legal requirements; or
- Under the specific conditions, this kind of behavior was appropriate and justified. The deliberate, malevolent, and persistent pursuit or intimidation of an individual also poses a threat to their life or well-being.
Types of Stalkers
- Rejected Stalker: Rejected stalkers are people who have personal grievances, such as divorce, separation, etc., and who follow someone to exact revenge.
- Resentful Stalkers: Resentful stalkers are people who follow or stalk someone out of resentment or old hatred.
- Heroic Stalkers: Heroes are those who follow or stalk someone with the hope of receiving love, a relationship, intimacy, etc. from the victim.
- Predatory Stalkers: Predatory stalkers are individuals who pursue their targets to attack and harass them sexually.
Modes of Stalking in India
- Following the girl
- Spreading rumours
- Sending unwanted gifts or presents
- Taking unnecessary pictures of a girl
- Trying to have a forceful communication
- Stalking through social media and different apps
- Physical assault and threatening to physically assault
- Sending unwanted letters or making phone calls that are not needed
- Visiting the girl’s home for unnecessary purposes and standing outside her residence.
Conclusion
The Section 354 IPC, 354A, 354B, 354C, and 354D work together to shield women against different types of harassment and abuse. These clauses deal with specific penalties for assault, sexual harassment, voyeurism, and stalking. The Indian Penal Code emphasises the importance of protecting women’s privacy and dignity in contemporary society by outlining these offenses and their associated penalties.
