IPC | J&K High Court Rules: Criminal Force Alone Is Not Enough To Attract Section 354 – State Of Mind Is Crucial
Attract Section 354 – State Of Mind Is Crucial Introduction In a landmark ruling that redefines how Section 354 of the Indian Penal Code (IPC) is interpreted, the Jammu and Kashmir and Ladakh High Court has clarified that mere use of criminal force is not enough to convict someone under this provision . What matters most is the intention — the “state of mind” of the accused. Without the intent to outrage the modesty of a woman , the act cannot attract punishment under Section 354. This judgment is vital because it strikes a balance between punishing genuine cases of sexual harassment and protecting individuals from misuse of the law. What is Section 354 of IPC? Section 354 of the IPC deals with assault or use of criminal force on a woman with the intent to outrage her modesty . It is a serious offence and carries imprisonment which may extend to five years, along with a fine. But the key phrase here is “ with intent to outrage her modesty .” The Case Before t...