Mumbai Court Holds Women Can Be Held Guilty Of Outraging Woman's Modesty

A Mumbai court found a mother of three children guilty of outraging the modesty of a woman. The Metropolitan Magistrates Court in Mumbai held that Section 354 of the Indian Penal Code (IPC) is gender-neutral regarding the offender.

Metropolitan Magistrate Manoj Vasantrao Chavan observed, “Section 354 of the IPC, therefore, operates quality upon all persons whether males or females and it cannot be maintained that woman are exempted from any punishment under this section”.

In a rare instance, a 38-year-old woman was found guilty on the charge of outraging the modesty of another woman. She was sentenced to one year of rigorous imprisonment. The accused was also fined 6,000 rupees.

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Mumbai Court: Woman Held Guilty Of Outraging Modesty

In 2020, the accused woman had torn her neighbour’s clothes in the building passage in front of several other people. Reportedly, the woman also urged her husband to rape her.

The court noted that evidence from the witnesses established that criminal force was used by the accused with the intention and knowledge that by doing such acts, the woman’s modesty would be outraged.

The court said, “By beating the informant and tearing her nightie, the accused has infringed the right of privacy of informant (victim).”

Chavan also observed that “when the incident had taken place, men from the same building were also standing there”.

The magistrate further added that the offence under IPC’s Section 354 can be committed by any man or woman with the necessary intent or knowledge. They ruled that it was clear that under Section 354 of the IPC, a man, as well as a woman, could be held guilty of such an offence.

The woman who was assaulted by the accused told the court that she had a cordial relationship with the accused’s mother, which caused the dispute. She said that the accused threw a chappal at her and also hit her on the head with another chappal.

A neighbour who was an eyewitness to the incident attempted to intervene. Allegedly, the accused caught hold of the woman’s neck and began abusing her. She also tore her nightdress.