A has committed an assault upon Z. The above offences are gender specific offenses. Review Findings: The offence of outraging the modesty of a woman has been dealt with under the Indian laws in a soft manner. Rape has long been considered one of the worst crimes, almost at par with murder. The harm which is unintentional or caused purely by accident also is not punishable. No evidence of causing an unknown person a false implication at the cost of family name, conviction based on her evidence upheld; Lakha v. In an assault, the person who is going to harm has enough means and ability to carry forward his threat and also should create an apprehension in the mind of another person that he is going to be harmed and that person is about to use criminal force but actually has not used it yet.
Therefore, the Supreme Court refused to interfere with the order of conviction passed by the High Court. Illustration b to Section 351 exemplifies that although mere preparation to commit a crime is not punishable yet preparation with intention specified in Section 351 amounts to assault. The prosecutrix then filed a complaint against him. The gist of the offence of assault is the intention or knowledge that the gesture or preparations made by the accused would caused such effect upon the mind of another that he would apprehend that criminal force was about to be used against him. Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby 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. In Rao Harnam Singh, Sheoji Singh v. What is Assault or Criminal Force? To attract the provisions of s.
Assault is generally understood to mean the use of criminal force against a person, causing some bodily injury or pain. It is not necessary that there should be actual use of force; a threat to use of force is sufficient. A woman under 18 is considered incapable of giving consent for sexual intercourse. She stated that she made a hue and cry but was threatened with death and made quite. Assault — Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Disrobing a woman Section 354-B in The Indian Penal Code — Assault or use of criminal force to woman with intent to disrobe.
The accused, after examining the girl, advised her to have a surgical operation, to which she consented, and under pretence of performing it, had sexual intercourse with the girl. State Of Kerala In this case the prosecutrix alleged that on 17. In Pradeep Kumar Verma v. The reaction of the woman is very relevant, but its absence is not always decisive. As a result of this incident, her parents stopped her from going to the school and asked her to study eighth class privately. Making incidental contact with someone -- bumping into them, in other words -- while walking through a crowd isn't going to amount to battery; but intentionally pushing people in that same crowd out of the way may be enough. Although the Ordinance sought to change the word rape to sexual assault, in the Act the word 'rape' has been retained in Section 375, and was extended to include acts in addition to vaginal penetration.
Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault. After him, another constable Tukaram tried to rape her but being too heavily drunk, did not succeed. Gurmit Singh , a young girl below the age of 16 years was abducted from her school by the three accused in a car, and she was threatened with death if she raised an alarm. In Hindi In Hindi In Hindi In Hindi In Hindi In Hindi 349. Though mere preparation to commit a crime is not punishable, yet preparation with the intention specified in this section amounts to an assault. There is no such point are mentioned that how to punish a rapist.
Thus rape literally means a forcible seizure. Consent accorded under a misconception that the person is husband of the woman is not a valid consent: Consent given by a woman to a person for intercourse believing the person to be her husband whereas in fact, he is not her husband, is no consent in law. However, it was submitted that her cries were not heard by the neighbours. The accused boarded the train at night where two women were seated accompanied by their male escorts. Aggravated assault under section a is categorized as a felony of the second degree whereas assault under b qualifies as a felony of the third degree. There has to be brevity along with clear explanation of the terms used.
Accused did not keep his promise to marry her and even disputed the paternity of the child. The woman made a hue and cry immediately. There are exceptions to this section which include such act being in course of preventing or detecting a crime authorised by State or in compliance of certain law or was reasonable and justified. The length of the statute of limitations depends on the type of assault crime charged i. The words or the action should not be threat of assault at some future point in time. Illustrations a A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z, A has committed an assault. In the quarrel, he pushed one of the women.
Our esteemed penal code has dealt with force, criminal force and assault in 10 sections commencing from ss. Knowledge that modesty is likely to be outraged is likely to be outraged has been held to be sufficient to constitute the offence without any deliberate intention to outrage modesty. Feminists will welcome the change to expand the definition of rape beyond forced intercourse to include sexual assault. Secondly, such person can also be charged with section 186, which makes voluntary obstruction of public servant in discharge of public function an offence. Section 353, 354, 355, 356, 357 and 358 of Indian Penal Code 1860 Assault or Criminal Force and Punishment under Indian Penal Code is defined under Section 353, 354, 355, 356, 357 and 359 of Indian Penal Code 1860. On the charge of rape the Court held that the consent given by the prosecutrix for cohabitation cannot be said to be given under misconception of fact.
The yesteryears have long gone when women were considered to be an object of amusement and punishment was not harsh when a person toyed with the modesty of a woman. But what was supposed to be a night of celebration turned into a nightmare for the guests - Shah Rukh Khan and Shirish Kunder. However these were earlier positions. Provisions under these sections are: Section 353 of Indian Penal Code. A newspaper article substantiating the point of public demand in Maharashtra for imposing a much harsher punishment, states that the Govt. It would not be necessary for the defence to prove that the sexual intercourse was with the consent of the woman. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault.
On the other hand under the English Law a woman can also be held liable for committing indecent assault both against man and woman. Consent obtained by misrepresentation, fraud or under mistake is no consent: Consent obtained by misrepresentation, fraud or under mistake is no consent. The legislation provides a grey area wherein it does not provide exact definitions as to what modesty is and what would constitute outraging of modesty. . Decency means propriety of behavior, what is required by good taste or delicacy, avoidance of obscene language and gesture and of undue exposure of person, and respectfully. No man can be guilty of rape on his own wife when she is over 15 years of age on account of the matrimonial consent that she has given.