Following, Abusing Woman Few Times Wouldn't Shock 'Sense Of Decency', No Offence U/S 354 IPC: Bombay High Court

Following a woman a couple of times, abusing and pushing her with the bicycle can be 'annoying' acts but wouldn't constitute an offence under 354 of the IPC, the Nagpur Bench of the Bombay High Court recently held.

The court added that the woman failed to state if the accused touched her inappropriately or pushed a specific body part, embarrassing her.

“As regards following and abusing P.W. 1 (victim), the said act cannot be said to be capable to shocking the sense of decency of a woman. The act may be annoying but definitely would not shock the sense of decency of a woman,” it held.

Accordingly, the court acquitted a man who was convicted under Section 354 of the IPC which is the use of assault or criminal force on a woman with intent to outrage her modesty).

Justice Anil L. Pansare allowed a criminal revision application filed by Mohammed Ejaj Shaikh Ismail and quashed the orders passed by the Magistrate Court and Sessions Court in Wardha convicting him under Section 354 IPC.

The case relates to an incident where the complainant, a college student, alleged that Ismail followed her on a bicycle while she was going to the market and pushed her. She claimed that he had abused and followed her on prior occasions as well.

Justice Pansare referred to the Supreme Court judgment in Raju Pandurang Mahale v. State of Maharashtra which laid down that the ingredients of Section 354 IPC are - the assault must be on a woman, the accused must have used criminal force on her, and the criminal force must have been used intending to outrage her modesty.

The Court noted that the complainant did not state which part of her body was touched inappropriately by the accused. She only stated that he pushed her while riding a bicycle.

"Merely because the applicant has on bicycle given a push to the complainant, to my mind cannot be said to be an act which is capable of shocking the sense of decency of the complainant. The act may be offensive or annoying but cannot be said to be compromising the decency of a woman," Justice Pansare observed.

The Court held that except for the complainant's statement, there was no other evidence to prove the guilt of the accused. Her statement alone was not sufficient to attract Section 354 IPC which requires the act to be capable of shocking the sense of decency of a woman, it said.

Allowing the revision application, Justice Pansare set aside the orders passed by the lower courts convicting and sentencing Ismail under Section 354 IPC and acquitted him of the charge.

The Court also noted that while dismissing the appeal, the Sessions Court had erroneously suspended the sentence as well, which was beyond its powers. With Ismail's acquittal, his application for suspension of sentence was rendered infructuous. 

Case No. - Criminal Revision Application No. 178 of 20 23

Case Title - Mohammed Ejaj Shaikh Ismail vs State of Maharashtra

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