Grabbing woman's hand without lustful intent doesn't outrage her modesty, says Kerala court: Report

The court was pronouncing a judgment on a case from 2013 where the accused had caught a woman's hand and threatened to kill her.

A Kerala court recently said that grabbing a woman's hand and threatening her “without any lustful intent” does not outrage her modesty and cannot attract Section 354 of the Indian Penal Code (IPC). According to the court, there must be a “culpable intention” on the accused's part to outrage a woman's modesty to be charged with it, reported Bar and Bench.

The court has also noted that the SIT officials should not be from Amritsar district.

The court was pronouncing a judgment on a case from 2013 where the accused had caught a woman's hand and threatened to kill her. A criminal case was filed against him alleging that he had committed a crime under Sections 354 (assault or criminal force to a woman with intent to outrage her modesty) and 506(1) (criminal Intimidation) of the IPC.

“There is absolutely nothing on record to show that the accused uttered any indecent words or had any intention to use the victim to satisfy his lust. Mere assault or criminal force would not attract the offence under Section 354 IPC,” said Judicial First Class Magistrate-II judge at Aluva, Santosh TK, as quoted by Bar and Bench.

Meanwhile, the court pronounced the accused liable to be convicted for criminal intimidation under Section 506 (1) of the IPC for threatening to kill the woman with an intent to cause her alarm.