Metropolitan Magistrate MV Chavhan noted that the offence under Section 354 is not a sexual offence as it falls under the chapter ‘Criminal Force and Assault’.
Thus, the Court ruled that the offence can be committed by either a man or a woman as even a woman can assault or use criminal force with the intention of outraging another woman’s modesty.
“It is thus clear that under Section 354 IPC, a man as well as a woman can be held guilty of the offence of assaulting or using criminal force to any woman with the intention or knowledge that the woman’s modesty will be outraged and be punished for the offence. Section 354 IPC, therefore, operate equally upon all persons whether males or females and it cannot be maintained that women are exempted from any punishment under this section,” the Court stated.
It, therefore, convicted a woman under the provision and sentenced her to imprisonment for one year.
Source: Barandbench
