Punishment for Section 354 of the IPC

Previously, under the IPC, stalking was not considered a criminal offence in India. Provisions that protected women’s rights were Section 354, IPC, for sexual harassment, and Section 509, IPC, for abusing the modesty of a woman.

1. Punishment for sexual harassment under Section 354A: In this case, a man is said to have committed sexual harassment against a woman when there is:

• physical contact and advances like explicit sexual gestures; or

• demand or proposition for sexual favours; or

• pornography displayed against a woman’s will; or

• sexually coloured remarks or signs.

If a man commits the first three offences listed above, he shall be punished under Section 354A, IPC, with rigorous imprisonment for a term that may extend to 3 years, with a fine, or both. But if a man commits the offence given in the last bullet, he shall be punished with imprisonment for a term that may extend up to 1 year, with a fine, or both.

An offence under Section 354A is cognizable, bailable, and can be tried by a magistrate.

2. Punishment for assault or use of criminal force against a woman under Section 354B—deals with protecting women against men who assault or use criminal force towards her or encourage such an act with the intention to disrobe or compel her to be naked.

If a man commits such an offence, he shall be punished with imprisonment for a term of 3 years, which may extend up to 7 years, and shall also be liable to a fine.

An offence under Section 354B is cognizable, non-bailable, and can be tried by any magistrate.

3. Punishment for voyeurism under Section 354C: Deals with the issue of a woman’s privacy. When photos of a woman engaged in a private act are taken by a man or he watches her without her knowledge, this is known as voyeurism.

If a man commits such an offence, he shall be imprisoned for a minimum period of 1 year, which may extend up to 3 years, and shall also be liable to a fine in the case of a first conviction. In case of a second or subsequent conviction, he shall be imprisoned for a minimum period of 3 years, which may extend up to 7 years, and also be liable to a fine.

Nevertheless, even if a woman gives consent to have her photos taken or allows for any activity but does not consent to disseminate the same to any third party, and where such an image or act is disseminated by any other person, she shall be liable under the Code.

An offence under Section 354C is cognizable and bailable at the first conviction but cognizable and non-bailable at the second or subsequent conviction.

4. Punishment for stalking under Section 354D: Deals with protecting women against stalking. Stalking refers to a form of harassment that involves repeated and persistent intent to cause fear or harm to the person who is being followed. It can be in any form, be it physical or online. Thus, Section 354 is not a gender-neutral offence. Only a woman can seek justice under this section. Under Section 354D of the Amendment Act of 2003, stalking was introduced as an offence along with other offences like trafficking, voyeurism, and others.

If a man commits such an offence, he shall be punished with imprisonment for a term that may extend up to 3 years and shall also be liable to a fine for his first conviction. For his second or subsequent conviction, he shall be punished with imprisonment for a term that may extend to 5 years and shall also be liable to a fine.

Even today, a lot needs to be done when it comes to safeguarding the modesty of women in India. There are many laws and provisions enacted by the legislature to protect women from any type of domestic violence, criminal force, rape, assault, molestation, sexual harassment, etc. However, apart from this, it is also important that women be made aware of these rights so that they can protect themselves under the law. Every citizen must respect women and act accordingly. However, these provisions are still violated by many people. Read below this article to learn about IPC Section 354 in depth.