What is the Procedure for outrage modesty under Section 354 IPC?

Section 354 of the Indian Penal Code (IPC) deals with the assault or use of criminal force on a woman with the intent to outrage her modesty. The procedure for handling an offense under this section involves the following steps:

1. Filing of FIR (First Information Report)

• The victim or any witness can file a complaint at the nearest police station.
• The police register an FIR under Section 354 IPC since it is a cognizable offense.

2. Investigation by Police

• The police conduct an investigation, which includes:
  • Recording statements of the victim and witnesses (under Section 161 CrPC).
  • Collection of evidence such as CCTV footage, medical reports, or any physical evidence.
  • If necessary, a medical examination of the victim may be conducted.
  • The accused may be arrested, depending on the circumstances.

3. Arrest of the Accused

• Section 354 IPC is a cognizable and non-bailable offense, meaning the police can arrest the accused without a warrant.
• The accused can apply for anticipatory bail or regular bail, depending on the stage of the case.

4. Filing of Charge Sheet

• Once the investigation is complete, the police file a charge sheet in the appropriate court under Section 173 CrPC.
• If sufficient evidence is found, the case proceeds to trial.

5. Trial in Court

• The case is tried before a Magistrate (usually a Sessions Court or a Metropolitan Magistrate Court).
• The prosecution presents evidence and witnesses.
• The accused has the right to defend themselves and present their evidence.
• The court examines the evidence and hears arguments from both sides.

6. Judgment and Punishment

• If the court finds the accused guilty, they may be punished with:
  • Imprisonment for 1 to 5 years AND
  • Fine
• If the accused is found not guilty, they are acquitted.

7. Appeal Process

• The convicted person can appeal to a higher court against the conviction.
• The victim/prosecution can also appeal if dissatisfied with the verdict.

Key Points to Note:

• Bail: The offense under Section 354 IPC is non-bailable, meaning bail is not granted as a matter of right but at the discretion of the court.
• Cognizable offense: The police can arrest without prior court approval.
• Court Jurisdiction: The case is usually heard by a Magistrate, but if severe, it may be transferred to a Sessions Court.

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