Source: Bombay High Court

Why in News?

Recently, the Bombay High Court in the matter of Mohammed Ejaj Shaikh Ismail v. State of Maharashtra, has held that annoying acts wouldn't constitute an offence under the provisions of Section 354 of the Indian Penal Code, 1860 (IPC).

What was the Background of Mohammed Ejaj Shaikh Ismail v. State of Maharashtra Case?

• In this case, the respondent alleged that the applicant had followed her a couple of times and abused her.
• On the date of incident, while she was going to market, the applicant, who was following her on bicycle, pushed her.
• She got annoyed, however, she proceeded further.
• The applicant followed her and, therefore, she beat him.
• This evidence was found to be sufficient by both the Judicial Magistrate First Class and Sessions Court to convict the applicant for the offence punishable under Section 354 of the IPC.
• Thereafter, a revision application was filed before the Bombay High Court.
• Allowing the revision application, the High Court set aside the orders of the lower courts.

What were the Court’s Observations?

• Justice Anil L. Pansare observed that the said act cannot be said to be capable to shocking the sense of decency of a woman. The act may be annoying but definitely would not shock the sense of decency of a woman.
• The Court further said that nonetheless keeping in mind this conduct of the applicant, the ultimate act which he has done will have to be considered, which act is pushing/shoving her while riding bicycle and this would not constitute an offence under the provisions of Section 354 of IPC.

What is Section 354 of IPC?

About:

• This section deals with assault or criminal force to woman with intent to outrage her modesty.
• It states that 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.

Essential Elements:

• The Supreme Court in the case of Raju Pandurang Mahale v. State of Maharashtra & Anr. (2004) has described the essential ingredients of offence under Section 354 of the IPC:
  • The person assaulted must be a woman.
  • The accused must have used criminal force on her.
  • Such an act must have been done with the intention to outrage her modesty.