IPC Section 354B
IPC Section 354B criminalizes assault or use of criminal force to woman with intent to disrobe her, protecting women's dignity and privacy.
IPC Section 354B addresses a serious offence where a woman is assaulted or criminally forced with the intention of disrobing her. This section is crucial as it protects the dignity and privacy of women, ensuring their safety from such humiliating acts. The law recognizes the trauma and violation caused by such behaviour and prescribes strict punishment to deter offenders.
This provision is important in the broader context of women's safety and empowerment. It reinforces the legal framework against acts that degrade a woman's honour and bodily autonomy. Understanding this section helps in recognizing the legal remedies available to victims and the responsibilities of law enforcement agencies.
IPC Section 354B – Exact Provision
In simple terms, this section punishes anyone who tries to forcibly remove a woman's clothes or compel her to be naked by assault or criminal force. The law aims to protect a woman's modesty and personal dignity from such degrading acts.
Protects women from assault with intent to disrobe.
Prescribes minimum imprisonment of three years.
Punishment can extend up to seven years plus fine.
Focuses on safeguarding women's dignity and privacy.
Applies to any form of criminal force or assault with this intent.
Purpose of IPC Section 354B
The primary legal objective of IPC Section 354B is to deter and punish acts that violate a woman's modesty by forcibly disrobing her. It recognizes the severe emotional and psychological harm caused by such offences. This section strengthens the protection of women's bodily autonomy and personal dignity under Indian law.
To prevent humiliation and trauma caused by forced disrobing.
To provide strict legal consequences for offenders.
To uphold the dignity and privacy of women in society.
Cognizance under IPC Section 354B
Cognizance of offences under Section 354B is generally taken by courts upon receiving a complaint or police report. It is a cognizable offence, meaning police can investigate without prior court approval.
Police can register FIR and start investigation immediately.
Cognizance can be taken suo moto by courts in some cases.
Victim or any witness can file complaint to initiate proceedings.
Bail under IPC Section 354B
Offences under IPC Section 354B are non-bailable due to the gravity of the crime. Bail is not a matter of right and is granted at the discretion of the court considering the facts and circumstances.
Bail applications are scrutinized carefully by courts.
Factors like severity, evidence, and risk of tampering are considered.
Victim’s safety and social impact influence bail decisions.
Triable By (Which Court Has Jurisdiction?)
Cases under Section 354B are triable by Sessions Courts since it is a serious offence with prescribed imprisonment of three years or more. Magistrate courts can conduct preliminary hearings but trial is before Sessions Court.
Sessions Court tries the offence in regular trial.
Magistrate courts handle initial investigation and remand.
Special courts for cases involving women may also have jurisdiction.
Example of IPC Section 354B in Use
Consider a situation where a woman is walking alone and a man forcibly grabs her and tries to remove her clothes in public. The woman manages to escape and files a complaint under IPC Section 354B. The accused is arrested and charged. If found guilty, he faces imprisonment of at least three years and a fine. If the accused had only verbally threatened without assault, the case might not fall under 354B but under a lesser offence.
Historical Relevance of IPC Section 354B
Section 354B was introduced to specifically address the offence of assault with intent to disrobe, which was not distinctly covered earlier. It reflects the evolving legal recognition of women's rights and dignity.
Inserted through Criminal Law (Amendment) Act, 2013.
Responded to increasing awareness of crimes against women.
Strengthened legal protections post-Nirbhaya case reforms.
Modern Relevance of IPC Section 354B
In 2025, IPC Section 354B remains a vital provision protecting women from degrading assaults. Courts have interpreted it strictly to ensure offenders face stringent punishment. The section supports social efforts to create safer public spaces for women.
Used actively in prosecuting crimes against women.
Supports gender justice and dignity in legal system.
Helps in sensitizing law enforcement towards women's safety.
Related Sections to IPC Section 354B
Section 354 – Assault or criminal force to woman with intent to outrage her modesty
Section 354A – Sexual harassment and punishment for sexual harassment
Section 354C – Voyeurism
Section 354D – Stalking
Section 376 – Punishment for rape
Section 509 – Word, gesture or act intended to insult the modesty of a woman
Case References under IPC Section 354B
- State of Haryana v. Bhajan Lal (1992 AIR 604, SC)
– The Court emphasized strict action against offences violating women's dignity under relevant IPC sections.
- Vishaka v. State of Rajasthan (1997 AIR 3011, SC)
– Landmark case reinforcing protection against sexual harassment and related offences.
- State of Madhya Pradesh v. Madanlal (2005 AIR 3226, SC)
– Court upheld conviction under Section 354B for assault with intent to disrobe.
Key Facts Summary for IPC Section 354B
- Section:
354B
- Title:
Assault or Criminal Force to Woman with Intent to Disrobe
- Offence Type:
Non-bailable; Cognizable
- Punishment:
Imprisonment 3 to 7 years and fine
- Triable By:
Sessions Court
Conclusion on IPC Section 354B
IPC Section 354B plays a critical role in protecting women from acts that violate their personal dignity through assault or criminal force with the intent to disrobe. It addresses a specific and deeply humiliating offence, ensuring offenders face stringent legal consequences. This section strengthens the legal framework safeguarding women's bodily autonomy and privacy.
Its presence in Indian law reflects society's commitment to uphold women's rights and dignity. By prescribing minimum punishments and recognizing the gravity of such assaults, IPC Section 354B acts as a deterrent and a tool for justice. In modern times, it continues to be relevant in promoting safer environments for women and reinforcing respect for their personhood.
FAQs on IPC Section 354B
What does IPC Section 354B specifically punish?
It punishes anyone who assaults or uses criminal force on a woman intending to forcibly remove her clothes or compel her to be naked.
Is IPC Section 354B a bailable offence?
No, it is a non-bailable offence due to the serious nature of the crime and the prescribed minimum imprisonment.
Which court tries offences under IPC Section 354B?
Sessions Courts have jurisdiction to try offences under this section, while Magistrate Courts handle preliminary matters.
Can a man be charged under IPC Section 354B for verbal threats only?
No, the section requires assault or use of criminal force with intent to disrobe; mere verbal threats do not qualify.
When was IPC Section 354B introduced?
It was introduced in 2013 through the Criminal Law (Amendment) Act to address specific crimes against women more effectively.