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Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Of Criminal Force and Assault

Section 354: Assault of criminal force to woman with intent to outrage her modesty

The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BNS section 74 (Assault or use of criminal force to woman with intent to outrage her modesty)

In plain words

Assaulting or using criminal force on a woman, intending or knowing it likely to outrage her modesty, is punishable with imprisonment of either description for at least one year and up to five years, and a fine.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, [shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine].

State amendments to this section

Chhattisgarh In Section 354 of the Penal Code, the following proviso shall be inserted, namely: —

Provided that where offence is committed, under this Section by a relative, guardian or teacher or a person in a position of trust or authority towards the person assaulted, he shall be punishable with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years and shall also be liable to fine. [Vide Chhattisgarh Act 25 of 2015, sec. 3]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Understanding this section

Section 354 punishes assault or criminal force on a woman with intent to outrage her modesty, or knowing it is likely to do so. It carries a minimum of one year and up to five years, after the 2013 amendment. The difficult word is modesty, which the Code does not define.

Ingredients

  • The victim is a woman.
  • The accused assaulted her or used criminal force on her.
  • He intended to outrage her modesty, or knew it was likely to be outraged.

What modesty means

The Supreme Court has held that the essence of a woman's modesty is her sex. Modesty is an attribute of women as a class, not something that depends on the individual victim's sense of it. That is why even a very young child can be the victim of this offence.

The accused's mind is decisive

The culpable intention or knowledge of the accused is the crux. The woman's reaction is relevant but not decisive: an act can outrage modesty even if the victim did not fully understand it at the time.

Related offences

The 2013 amendment added sections 354A (sexual harassment), 354B (assault to disrobe), 354C (voyeurism) and 354D (stalking). Words, gestures or acts intended to insult modesty, without assault or force, fall under section 509.

Key Supreme Court rulings

  • Raju Pandurang Mahale v. State of Maharashtra 2004 INSC 98

    Explained the meaning of a woman's modesty and upheld convictions under sections 342 and 354 read with section 34 where the victim was lured, confined, forcibly disrobed and assaulted.

  • Madhushree Datta v. The State of Karnataka 2025 INSC 105

    Quoting earlier authority: "The essence of a woman's modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive."

Common mistakes

  • Requiring the victim to have felt outraged. The accused's intention or knowledge is decisive.
  • Charging section 354 where there was no assault or force; section 509 may apply instead.

Read with: Section 354A IPC, Section 509 IPC, Section 74 BNS

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 354