Section 354 IPC deals with assault or criminal force used on a woman with the intention of outraging her modesty.
The following section 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 an imprisonment of either description for a term which may extend to two years, or fine, or with both.”
The offence under this section includes any physical contact, such as touching, that is intended to insult or outrage a woman’s modesty. The section covers a wide range of actions, including forced kissing, hugging, or any other unwanted physical contact that violates a woman’s modesty.
The offence under Section 354 IPC is non-bailable and cognizable, which means that the police can arrest the accused without a warrant, and the accused cannot get bail as a matter of right. In this offence the victim and the accused can enter into a compromise and settle the matter out of court.
Section 509 IPC, on the other hand, deals with the act of using words, gestures, or other acts intended to insult the modesty of a woman. The section provides that:
“Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with imprisonment of either description for a term which may extend to three years, or fine, or with both.”
The offence under Section 509 IPC includes making sexually coloured remarks, whistling, or making any other similar gesture that is intended to insult or offend a woman’s modesty. It also covers the act of intruding upon the privacy of a woman, such as peeping into her room or recording her without her consent.
The offence under Section 509 IPC is also non-bailable and cognizable, and the accused cannot get bail as a matter of right. However, the offence cannot be solved or compromised by each other and cannot be settled the matter out of the court.
In summary, while both Section 354 and Section 509 IPC deal with outraging the modesty of a woman, Section 354 involves physical assault or force, while Section 509 involves using words, gestures or acts that are intended to insult or offend a woman’s modesty.
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