Misuse Of Section 354 Ipc
In the present case the pharmacist naveen kumar complained that this woman had falsely accused him on charges that were recently amended to section 354 of the indian penal code ipc.
Misuse of section 354 ipc. Alarming for indian men. 354 377 376 d read with 120b ipc. Showing pornography against the will of a woman.
Even if you keep your hand on the shoulder of a woman it is for the lady to comment on the nature of the touch whether it was friendly brotherly or fatherly said bombay high court justice naresh patil ruling against machindra chate s appeal urging the court to squash an fir filed under section 354 ipc of the indian penal code. Since there are no automatic arrests under 498a now and a charge of rape is not maintainable against husband so the fir s in the absence of a stern provision for perpetrating violence and cruelty on the victim rampant misuse of aforesaid sections prevails. Position of husband why 354 377 376d ipc.
Even if you keep your hand on the shoulder of a woman it is for the lady to comment on the nature of the touch whether it was friendly brotherly or fatherly said bombay high court justice naresh patil ruling against. Lists out all the incidences of unwelcome advance pornography sexual remarks and favors which hurt the dignity of a woman to be severely dealt with by rigorous imprisonment and fine. Assault or criminal force to woman with intent to outrage her modesty.
Once an fir is lodged under section 354 ipc true or false the accused cannot do anything even if it is misused by the complainant. It challenged the constitutional validity of various clauses and sub sections of section 354 a sexual harassment and punishment for sexual harassment of the ipc. After the whittling down of 498 a the sections which are now insidiously and malafidely being alleged against the husband and his family members are sec.
A demand or request for sexual favours. A man committing any of the following acts physical contact and advances involving unwelcome and explicit sexual overtures. Gather whatever possible clues evidence of witnesses documents etc that would p rove your innocence and or the case is false.
29th september 2020 03 17 am. A recent court ruling upholding an fir charging a coaching class chain owner in mumbai of violating section 354 violates the intent of the law and represents all that is wrong with our justice system. The first thing to do by the accused is to get the bail in the case.