Woman Outraging Woman's Modesty

Woman outraging the modesty of a Woman. Sounds absurd? It is not actually. Recently, Mumbai Court stated this beautiful statement, that under Section 354, of Indian Penal Code, 1860 not only men, but women can also be guilty of raging other woman’s modesty.

Metropolitan Magistrate MV Chavhan, to whom I would like to thank for this amazing statement, I would say that this is a game changer in the times like these. With the society being more open and more inclusive of every aspect of the LGBTQIA+ community, this is a step up towards more equal and broader mindset.

This came from an FIR that had been filed in a case in 2020, where a woman verbally and physically abused another woman and tore her clothes in the presence of people of the residential building.

The woman argued for herself stating that she had not beaten her, (with slippers), there was no sign of her assault in the examination report, and the two eye witnesses were also challenged by her.

Thankfully, the witnesses were considered to not depose falsely and the certificate of examination was irrelevant as the injury caused by slippers is not easy to be recorded in the report. It was however, an offence, under Section 323 of the Indian Penal Code,1860 – voluntarily causing hurt.

The court said, which I also completely agree with, that “…a woman can assault or use criminal force to any other woman as equally and effectively as any man; and the intention or knowledge that the modesty of the woman assaulted or against whom criminal force has been used will be outraged, is not of a kind which a woman on account of inherent differences from man is incapable of having. The pronoun 'he' use in the expression 'that he will thereby outraged her modesty' must therefore be taken under section 8 of Indian Penal Code as importing a male or a female.”

The court held that it is a crime, when the force is used against a woman, without consent or against her will.

Verbal abuse allegations, were discharged, because of absence of substantial evidence.

The Hon’ble Court refused the accused benefit under the Probation of Offender Act 1958. "The accused being woman should be protective and sensitive towards the informant."

This accused was sentenced to one year prison under section 323 and 354 of Indian Penal Code, 1860. She was also fined for ₹6,000 considering her 3 children and one of them being 1.5 years old.

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