In a recent ruling, the Madras High Court clarified that the act of a man pulling the hand of a woman may shock one’s sense of decency, but it does not amount to outrage modesty under Section 354 of the IPC, unless accompanied by clear and specific criminal intent.
Justice R.N. Manjula emphasized that vague or generalized allegations regarding the accused’s intent must be interpreted in favor of the accused. In the absence of evidence suggesting a deliberate intention or awareness that modesty would be outraged, such actions cannot form the basis for a criminal conviction under Section 354.
Why It Matters
- Reinforces that mens rea, culpable intention or knowledge, is a critical element in determining offences under Section 354.
- Courts must differentiate between socially offensive conduct and legally punishable offences.
- Defense in such cases may effectively argue that there was no criminal intent, preventing unwarranted convictions. For any specific query call at +91 – 8569843472.
