The Jammu and Kashmir High Court has ruled that an incident where a husband slaps his wife in a public setting does not constitute an offense of outraging modesty under Section 354 of the Indian Penal Code (IPC). This decision provides clarity on the legal interpretation of such altercations, indicating that while the act may be condemnable, it does not fall within the purview of outraging modesty as defined by the IPC.
Jammu and Kashmir: Recently, the High Court of Jammu and Kashmir and Ladakh delivered a decision regarding the application of Section 354 of the Indian Penal Code (IPC) in a case involving a husband allegedly slapping his wife in public.
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Justice Rajnesh Oswal presiding over the case, observed that the alleged act of the husband, a public slap to his wife, does not constitute an offence under Section 354 IPC, which pertains to assault or criminal force against a woman with intent to outrage her modesty. However, the Court recognized that the husband could be charged under Section 323 IPC for voluntarily causing hurt.
Background
The case originated from a plea filed by the husband challenging the trial court’s decision to initiate legal proceedings based on a complaint filed by his wife, citing violations of Sections 354 and 323 of the IPC.
The couple had ongoing matrimonial disputes, and the wife alleged that during a visit to the family court for a matrimonial hearing, her husband publicly slapped her, causing injury.
“This Court is of the considered view that order dated 30-03-2022, so far as issuance of process for commission of offence under Section 354 IPC is considered, the same is not sustainable in the eyes of law and, accordingly, the same is quashed whereas the order to the extent of issuance of process under Section 323 IPC is upheld,”
the order said.
The complaint against the husband included charges under Sections 323 and 354 IPC. Subsequently, the Trial court convicted the husband, prompting his appeal to the High Court.
Section 323 of the Indian Penal Code (IPC) deals with the offense of voluntarily causing hurt. According to this section, whoever voluntarily causes hurt to another person shall be punished with imprisonment of up to one year, or with a fine, or both.
The section defines “hurt” as any bodily pain, disease, or infirmity caused to a person. The offense under Section 323 is considered less severe compared to other offenses involving grievous hurt or more serious bodily harm.
Section 354 IPC, if any individual assaults or uses criminal force against a woman with the intention of outraging her modesty, they shall be punished with imprisonment for a term which may extend to two years, or with a fine, or both.
“From the averments made in the complaint, no offence under Section 354 IPC is made out but offence under Section 323 IPC is made out as the respondent has categorically stated that she was thrashed and slapped in public gaze by the petitioner when she had come to attend the proceedings,” the Court’s order said.
Upon review, the High Court concluded with the arguments presented and annulled the charges under Section 354 IPC while affirming the validity issuance of the process under Section 323 IPC.
CASE TITLE: Mehboob Ali v. Nisar Fatima.
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