• Time limit to Lodge FIR under section 354 Molestation

Hi,
If a person touches a women had, will this come under section 354. If yes what is the time limit to lodge an FIR from the date of incident.
Asked 5 years ago in Criminal Law
Religion: Hindu

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15 Answers

Casual touch by a colleague does not constitute offence of outraging modesty of a woman, the Bombay high court said on while striking down criminal prosecution of a school headmaster for touching the hands of one of his colleagues.


There is a recent judgement, please be careful, dont rush, incase if you loose, opponent will file case of compensation, truthful suggestion, doesnt suit many, i am sorry, cant give you makey stuff

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

See aa such there is no time limit for filing FIR as to delay can be explained further touching hand doesn't come under 354 ipc simply.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need to file FIR immediately after incident but if there is delay you can justify the same but giving reason for the same

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

if he touches the woman against her consent, YES, it will fall under section 354

it depends upon the exact contents of the offense, but the delay in registering FIR has to be justified by giving valid reasons

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Vishaka case Guidelines have defined ''physical contact and advances'' and ''any other unwelcome physical...non-verbal conduct of sexual nature'' as forms of sexual harassment. Hence, this can include inappropriate touching as well.

 

According to Section 354 of the Indian Penal Code (IPC), any form of behaviour ''intending to outrage her (a woman's) modesty or knowing it likely that he will thereby outrage her modesty, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both. There is no limitation period as such.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

There is no time limit to that but the delay would raise questions in the court and the opposite party may use this against you.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Section 354 Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to 5years, or with fine, or with both."

 

there is no limitation for filing FIR if offence has taken place after 2013 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Hi

sec.354 IPC is :

"Assault or criminal force to woman with intent to outrage her modesty.—

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both".

if you touch the hand of a woman is not an offence primarily, but touch inappropriately with an intention to outrage modesty is an offence.

The intention can be assessed by the woman who interprets it. Is she can make out a case by proving the touch was inappropriate with sexually motivated intention and was an after effect of other actions as well depending on the circumstances and facts of the complaint.

the  narration of your facts would have been helpful to give more of an accurate response here.

 

There is no time limit to file FIR, but for the effective investigation it is better to file as early as possible.

 

Supreme Court has given a  guideline in " Lalita Kumari vs Govt.Of U.P.& Ors"- on 12 November, 2013

 

to  the police to  take the FIR within  7 to 15 days of the intimation of an offence and the category of the offences and circumstances are also specified where primarily enquiry is needed. 

 

 

within 

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Hello, 


  1. Section 354 of IPC is quoted as " Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with impris­onment of either description for a term which may extend to two years, or with fine, or with both."
  2. It depends on the nature of the touch if it has to constitute the offence. 
  3. The time limit in any criminal offence is up to 3 years from the commission of the offence. 

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Depends on intention to touch and relation with person. If unknown than FIR but not of molestation but attempt to molestation.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

There is no time limit to file FIR. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No merely touching a women hand doesn't come under ingredients of Section 354 IPC which is Assault or criminal force to woman with intent to outrage her modesty.

But that can come under 354 A of IPC If physical contact and advances involving unwelcome and explicit sexual overtures

Thus merely touching on hand can be punishable under section 354A IPC but if the Intention of the male is to advance sexually then you can file complaint against him but that should be Filed as soon as the when women thinks she can file complaint without any threat. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. To touch a woman's hand is tantamount to an offence under Section 354 IPC. 

2. The limitation for the court to take cognizance of the offence is 3 years,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hello, 

There is no time limit per se but the delay has to be explained 

It depends on the circumstances under which the head was touched and the intention and the relation of the women with the said person etc

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If the person is reported to have outraged the modesty of a woman, then if she lodges a complaint belatedly also it is admissible in court however she may have to substantially prove that.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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