Assault or criminal force to woman with intent to outrage her modesty

All Acts ⚖️BNS 📋CPC 🛡️CrPC 🏛️COI 💍HMA 🧾ITA ⚖️IPC

What does this section state?

Section 354 punishes assault or the use of criminal force against a woman where the accused intends, or knows it is likely, that the act will outrage her modesty. Courts have interpreted "modesty" broadly and contextually — it does not require a specific sexual motive to be proven separately, only that the act was of a nature likely to be seen as an affront to a woman's sense of decency by any reasonable observer.

Common fact patterns include unwanted physical contact, groping, or forceful physical advances in public or private settings. Because the offence involves physical contact or force, it is treated more seriously than verbal harassment alone, which typically falls under Section 354A instead.

The corresponding Bharatiya Nyaya Sanhita provision continues this offence largely unchanged for incidents after 1 July 2024.

Punishment Imprisonment of 1 to 5 years, and fine

Triable By Any Magistrate

Bailable Non Bailable

Cognizable Cognizable

Compoundable Non Compoundable

Frequently Asked Questions

Is IPC Section 354 bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Imprisonment of 1 to 5 years, and fine. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

What counts as conduct that "outrages modesty" under this section?

Courts assess whether the act — typically involving physical contact or force — would be seen by any reasonable person as an affront to a woman’s sense of decency, considering the context, rather than requiring proof of a specific sexual intention.

Who can file a complaint under this section?

The woman herself can file a complaint, and since it is a cognizable offence, the police can also register an FIR based on information from any witness or bystander who reports the incident.

How is this section different from Section 354A?

Section 354 requires assault or criminal force — physical contact or the threat of it. Section 354A covers sexual harassment more broadly, including unwelcome advances, remarks, or showing pornography, which may not involve any physical contact at all.

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This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.