Today we are going to see what IPC Section 354 is, what leads to the implementation of this Section, what are the punishments under IPC Section 354, the provision of bail under this, and the role of a lawyer in this Section. We will also look at an example to understand this Section better.
Nowadays, it is very common to see and hear that a woman had been molested or assaulted. Such incidents happen every day, which makes women scared to go anywhere. This is an intolerable act and there should be strict actions against it so that people are scared of committing such crimes.
The police arrests such accused so that they are punished and made to think 100th times before committing such crimes again. This article tells us about one such Section. Let’s get reading into this article so that we understand this Section better.
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According to Section 354 of the Indian Penal Code, if a person tries to molest or assault or disgrace a woman, then action is taken against such person under Section 354 wherein the accused is imprisoned for a term which is at least from 1-5 years and economic fines are also imposed.
If any person attacks or molests a woman with the purpose of destroying her honor, then such an act is an offense as per Section 354 of the Indian Penal Code, in which the provision of punishment is also given. If a person uses criminal force or attacks her, then the person is punished by the provisions of Section 354 of the Indian Penal Code.
Provisions of Punishment under Section 354 of The IPC
According to Section 354 of the Indian Penal Code, if a person tries to molest or disgrace a woman, then the court punishes such person by imprisonment for 1 to 5 years and with a financial penalty.
Imprisonment of 1-5 years depends on the act done by that person. If the person had committed a major crime and if the woman had suffered more damage, then the accused is punished by imprisonment of 5 years and a financial penalty.
Doing something wrong with any woman has been considered a major crime in the Indian Penal Code. It is a cognizable offense and is negotiable by any magistrate. According to the Indian Penal Code, it is a non-bailable offense.
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Provision of Bail Under Section 354 of The IPC
According to Section 354 of the Indian Penal Code, if any person attacks the dignity by using force or molest them, then such a person is punished according to this section.
It is very difficult for any accused to get bail in such a crime, as the Indian Penal Code considers such a crime to be very serious enough to make it a non-bailable offense. If the accused files a bail petition in the High Court, then his bail petition is dismissed.
This is considered by a magistrate of a court as this offense may later take the form of a major offense. The accused can take some other action to take revenge on the woman, so the court takes a lot of thought and decision in this case. This crime is not negotiable by any woman.
Why is a Lawyer Required in This Section
According to Section 354 of the Indian Penal Code, it is a non-bailable offense in which it is very difficult for any accused to get bail, for which he needs a lawyer.
In cases such as the offense of assault, such a lawyer should be appointed who is already well-versed in such cases and can properly deal with cases like Section 354. Such a crime is considered as a serious offense and hence comes under non-bailable crime.
It is very difficult to prove any accused innocent. If a woman has suffered more due to such a crime, then only a lawyer can prove to be beneficial.
We will tell you about a real-life example regarding this Section.
Example: Delhi High Court: The victim was a married woman. Her husband was in a bad health-condition, so the woman had to look for some gainful employment. With the help of the accused, she started working in a private company, where the accused was also employed as a supervisor.
Taking wrong advantage of the situation, the accused made indecent proposals to the victim, made unwanted physical contacts and advances with sexual overtures, and passed sexually colored remarks.
The victim then registered an FIR against the accused. Such an act falls under the offense of Section 354. The accused was found guilty under Section 354 of the IPC and punished accordingly.
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In this article, we’ve tried our best in explaining all the facts about IPC Section 354. We should be aware of these kinds of Sections of IPC. We have told you how to punish a person for molesting or assaulting a woman.
Nowadays, such cases are seen very much where women do not register such cases in the police station, fearing that the accused will get out of jail and do some other wrong to her.
We never know, when we or our loved ones may face any of these situations. In this article, we have learned to face these kinds of situations in wise ways. We should keep learning about such cases because they are really important for our day-to-day life.
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