Sexual offence Sexual offence

4 months ago

If a woman is sleeping straight , man put his hand inside her pants and touched her vagina by putting his closed hand on vagina . Didnot insert anything in vagina just kept hand on vagina . Which offence in indian law he has committed

Kishan Dutt Kalaskar

Responded 4 months ago

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A.Dear Sir,
It attracts only 354 of IPC and not 376 of IPC.

Dear Sir,

S. 354. Assault or criminal force to woman with intent to outrage her modesty.
Offence is NOT listed under Compoundable Offences.

S. 354 A. Sexual harassment and punishment for sexual harassment
Offence is NOT listed under Compoundable Offences.

S. 354 B. Assault or use of criminal force to woman with intent to disrobe
Offence is NOT listed under Compoundable Offences

S. 354 C. Voyeurism
Offence is NOT listed under Compoundable Offences

S. 354 D. Stalking
Offence is NOT listed under Compoundable Offences

All above offences cannot be compromised as such the alternative remedy available is to approach Hon'ble Court under Section 482 of Cr.P.C or get the victim turn hostile before the Hon'ble Trial Court during the Trial.

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

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A.Dear Client,
The described action constitutes a serious violation of a person's bodily autonomy and can be considered sexual assault under Indian law. Section 354 of the Indian Penal Code (IPC) addresses the offense of assault or criminal force to a woman with intent to outrage her modesty. In this case, the unwanted touching of a woman's private parts without her consent falls within the ambit of this provision.
Additionally, such actions may also be covered under other sections of the IPC, depending on the specific circumstances. It is crucial to report such incidents promptly to law enforcement authorities, who can investigate the matter further and take appropriate legal action against the offender. If you or someone you know has experienced such an incident, consider reaching out to the police or a legal professional for guidance and support.
Thankyou
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