Modesty Of Woman Is Outraged When Action Of Offender Could Be Perceived As Being Capable Of Shocking Her Sense Of Decency: Kerala High Court

The Kerala High Court has held that an offence of outraging the modesty of a woman under Section 354 of the IPC is attracted when the offender's action is such that it would be perceived as capable of shocking a woman's sense of decency. The Court referred to the decision in to Vijayan v. State of Kerala and held thus: “The ultimate test for ascertaining whether modesty has been outraged, is the action of the offender such as could be perceived as one which is capable of shocking the sense of decency of a woman.” The revision petitioner approached the High Court challenging his conviction under Sections 323 and 354 of the IPC. However, to attract an offence under Section 354 of the IPC, the Court stated, there must be assault and use of criminal force on a woman with an intention to outrage her modesty. In considering the question, he must imagine the woman to be a reasonable woman and keep in view all circumstances concerning her, such as, her station and way of life and the known notions of modesty of such a woman.” The Court noted that other witnesses did not depose that the petitioner caught hold of the complainant's hands and pulled her towards his body.