Section 354 IPC (Assault on a Woman to Outrage Modesty): Explained (2026)

Legal Explainer · Criminal Law

Updated for 2026 · Claw Editorial

Section 354 of the Indian Penal Code (IPC) punishes a person who assaults or uses criminal force on a woman, intending to outrage her modesty or knowing that it is likely. It is a cognizable and non-bailable offence, with imprisonment of one to five years and a fine. Under the Bharatiya Nyaya Sanhita, 2023 (BNS), the same offence is Section 74. This guide explains the section in simple words, covers 354A to 354D, and shows how bail, defence and quashing usually work. Last verified October 2026.

01What Section 354 IPC says

A lawyer, a student or a complainant who reads “354 IPC” in an FIR usually wants one answer first: what exactly is the charge? In simple words, Section 354 IPC applies when a person:

• assaults a woman, or uses criminal force on her, and
• does so intending to outrage her modesty, or knowing it is likely that her modesty will be outraged.

The punishment is imprisonment of not less than one year, which can extend to five years, and a fine. The one-year minimum was added by the Criminal Law (Amendment) Act, 2013. Before that, the law had no minimum jail term.

“Assault” and “criminal force” have their own meanings in the IPC (Sections 351 and 350). Criminal force can be as small as touching or pulling a woman without her consent, if the intent or knowledge about her modesty is present.

The core of Section 354 is not the force used. It is the intent, or the knowledge, that the act will outrage a woman’s modesty.

02Key ingredients of the offence

For a conviction, the prosecution has to prove each of these:

1. The victim is a woman. The section protects women only.
2. Assault or criminal force. There must be an act, such as touching, grabbing, pulling at clothes, or a threatening gesture.
3. Intent or knowledge. The accused meant to outrage her modesty, or knew it was likely. This is judged from the facts around the act.

Courts ask what a reasonable person would see as an act that offends a woman’s sense of decency. A woman’s modesty is treated as part of her sex, and no age limit applies. The Supreme Court has said that the reaction of the woman, the nature of the act and the surrounding circumstances all matter. The exact reasoning in each case differs, so always read the judgment on your facts.

03Is Section 354 cognizable, bailable, and who tries it?

Because the offence is cognizable, the police must register an FIR when a complaint discloses it. Because it is non-bailable, the accused usually applies for regular bail before a Magistrate, or for anticipatory bail before a Sessions Court or High Court if an arrest is feared.

04Sections 354A, 354B, 354C and 354D

The 2013 amendment added four more sections after 354. They are separate offences with their own punishments.

Section 354A: sexual harassment

This covers unwelcome physical contact and advances, a demand or request for sexual favours, showing pornography against a woman’s will, and making sexually coloured remarks. Punishment depends on the clause. For physical contact, a demand for favours, or showing pornography, the term can go up to three years, with or without a fine. For sexually coloured remarks, it can go up to one year, with or without a fine.

Section 354B: assault or criminal force with intent to disrobe

This applies when a man assaults or uses criminal force on a woman, or abets it, intending to disrobe her or compel her to be naked. Imprisonment is three to seven years, and a fine.

Section 354C: voyeurism

This covers watching or recording a woman in a private act, where she would expect not to be seen, and sharing that image. A first conviction carries one to three years. A repeat conviction carries three to seven years. A fine applies in both cases.

Section 354D: stalking

Stalking means following a woman, or contacting her again and again despite a clear sign of disinterest, or watching her use of the internet, email or other electronic communication. A first conviction carries up to three years and a fine. A repeat conviction carries up to five years and a fine.

Bailability differs across these sections. Some sources list first-time offences under 354A and 354D as bailable and repeat offences as non-bailable. Others show 354C as non-bailable. Always check the First Schedule of the CrPC (or the BNSS Schedule) for the exact entry.

05Punishment at a glance

The courts decide the exact sentence within these limits. They look at the nature of the act, the age of the victim, the history of the accused and any settlement placed before them.

06How bail, defence and quashing usually work

Bail

For a non-bailable offence, the court weighs the seriousness of the allegation, the risk of the accused influencing the witness or running away, and the stage of the investigation. If arrest is feared, anticipatory bail is the usual route. Courts also apply any special rules where the victim is a child.

Common defences

• No intent or knowledge. The act was accidental or without any intention to outrage modesty.
• Delay and inconsistency. A long, unexplained delay in the FIR, or contradictions in the statements.
• False implication. Allegations arising from a personal, family or property dispute.
• Lack of independent proof. Where there is no medical, witness or digital evidence to support the story.

The testimony of the woman alone can support a conviction if it is credible, so defences usually attack credibility and intent rather than the act alone.

Quashing

A High Court can quash an FIR or proceeding under its inherent powers (Section 482 CrPC, now Section 528 BNSS) where the allegations do not make out an offence or are an abuse of process. Courts treat a compromise in offences against women with great caution, and the facts decide each case.

Related criminal-law pages in this series include Sections 504 and 506 IPC (criminal intimidation) and Sections 467, 468 and 471 IPC (forgery). Complaints under 354 often also carry these charges.

07BNS 2023 and BNSS 2023 equivalents

The Bharatiya Nyaya Sanhita, 2023 replaced the IPC for offences committed on or after 1 July 2024. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the CrPC from the same date. Offences committed before that date are still dealt with under the IPC.

• Section 354 IPC is Section 74 BNS.
• Section 354A IPC is Section 75 BNS.
• Section 354B IPC is Section 76 BNS.
• Section 354C IPC is Section 77 BNS.
• Section 354D IPC is Section 78 BNS.

The section number changes, but the broad offence and punishment stay the same in the mapping we reviewed. Procedure sections also move from CrPC to BNSS, so the numbers you cite for arrest, bail and quashing will differ. Always confirm a number against the bare act before putting it in a pleading.

For the full table, see our IPC to BNS section mapping and CrPC to BNSS section mapping.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For a section like 354, the useful work is finding how courts have read “modesty”, intent and bail on facts close to yours. Claw covers 9,102 forums and 30 crore+ judgments, with results in under 5 seconds. You can also track related cases by party name, which helps when the same accused or complainant appears in more than one proceeding. If you collect fees from clients, see our guide to legal collections software.

Create a FREE Claw account to search 30 crore+ judgments on this section and track related cases by party name. Claw has a free plan for individual advocates.

09Sources and further reading

• India Code (bare acts: IPC, CrPC, BNS 2023, BNSS 2023): indiacode.nic.in
• Supreme Court of India (judgments): sci.gov.in
• Claw: clawlaw.in

This page is general information, not legal advice. Last verified October 2026. Confirm all section numbers and punishments against the official text.

10Frequently asked questions