Section 354B IPC: Assault or Criminal Force to Woman with Intent to Disrobe
Section 354B of the Indian Penal Code, 1860 dealt with assault or use of criminal force against a woman, or abetment of such an act, with the intention of disrobing her or compelling her to be naked.
What was Section 354B IPC?
Section 354B was inserted by Section 7 of the Criminal Law (Amendment) Act, 2013 with effect from 3 February 2013. The provision specifically criminalised assault or criminal force against a woman, including abetment of such conduct, where the required intention was to disrobe her or compel her to be naked.
Substance of Section 354B
A man who assaulted or used criminal force against a woman, or abetted such an act, with the intention of disrobing or compelling her to be naked was punishable with imprisonment of either description for a term of not less than three years and up to seven years, and was also liable to fine.
Essential ingredients of Section 354B IPC
For Section 354B to apply, the facts had to bring the alleged conduct within the elements specified by the provision. In broad terms:
- The accused contemplated by the provision was a man.
- The victim was a woman.
- There was an assault or use of criminal force against the woman, or abetment of such an act.
- The act was accompanied by the specific intention of disrobing the woman or compelling her to be naked.
The intention required by Section 354B was therefore a material ingredient. Whether that intention existed had to be determined from the evidence and circumstances of the particular case.
Meaning of assault and criminal force
The expressions used in Section 354B were connected with the general IPC provisions on force and assault. Section 349 IPC dealt with force, Section 350 IPC defined criminal force, and Section 351 IPC defined assault.
In general terms, criminal force involved intentional use of force without consent for committing an offence, or with the intention or knowledge that injury, fear or annoyance was likely to be caused. Assault under Section 351 concerned a gesture or preparation made with the intention or knowledge that it was likely to cause a person present to apprehend that criminal force was about to be used.
Punishment under Section 354B IPC
| Offence | Minimum imprisonment | Maximum imprisonment | Fine |
|---|---|---|---|
| Assault or criminal force to woman, or abetment, with intent to disrobe or compel her to be naked | 3 years | 7 years | Also liable to fine |
The statute allowed imprisonment of either description, but prescribed a mandatory minimum term of three years and a maximum of seven years.
Was Section 354B IPC cognizable and bailable?
Under the First Schedule to the Code of Criminal Procedure, 1973, Section 354B had the following classification immediately before the new criminal-law framework commenced:
| Classification | Section 354B IPC |
|---|---|
| Cognizable or non-cognizable | Cognizable |
| Bailable or non-bailable | Non-bailable |
| Court competent to try | Any Magistrate |
A cognizable classification meant that police powers were governed by the CrPC provisions applicable to cognizable offences. Because the offence was non-bailable, bail was not claimable as an absolute statutory right in the same manner as for a bailable offence and was governed by the applicable provisions of the CrPC.
Section 354B compared with related IPC provisions
Section 354B was a specific offence focused on the intention to disrobe a woman or compel her to be naked. It was distinct from Section 354A IPC on sexual harassment, Section 354C IPC on voyeurism, and Section 354D IPC on stalking.
The broader offence under Section 354 IPC concerned assault or criminal force to a woman with intent to outrage her modesty. Section 354B added the more particular statutory requirement of an intention to disrobe or compel the woman to be naked.
Abetment expressly covered by Section 354B
An important feature of the wording was its express inclusion of a man who abets such act. Accordingly, the section was not confined in its terms to the person who personally carried out the assault or criminal force. Whether conduct amounted to abetment depended on the applicable IPC provisions and the facts proved in the case.
Position before implementation of the Bharatiya Nyaya Sanhita, 2023
This article intentionally records the IPC position immediately before 1 July 2024. The Bharatiya Nyaya Sanhita, 2023 replaced the IPC for the new criminal-law regime from that date. For an alleged act from the earlier IPC period, the date of the alleged offence and applicable saving or transition provisions should be considered when identifying the governing substantive law.
Disclaimer: This page provides general legal information. Criminal liability, procedure and bail depend on the facts, evidence, date and place of the alleged offence, and any applicable statutory or state-specific provisions.