Step 1: Understanding the Concept:
The Indian Penal Code, 1860, contains specific provisions to protect women against acts that are intended to insult or outrage their modesty.
Step 2: Detailed Explanation:
Let's analyze the sections mentioned:
- Sections 376(a) and 376(b) deal with punishments for the crime of rape in different circumstances.
- Section 354 is titled "Assault or criminal force to woman with intent to outrage her modesty." It criminalizes any act of assaulting or using criminal force against a woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty. This is the primary section dealing with this specific offence.
- Section 498 deals with "Enticing or taking away or detaining with criminal intent a married woman."
Therefore, the correct section for punishing the act of outraging the modesty of a woman is Section 354.
Step 3: Final Answer:
The offence of outraging the modesty of a woman is punishable under Section 354 of the IPC.
A glance over all the Sections related to extortion would reveal a clear distinction being carried out between the actual commission of extortion and the process of putting a person in fear for the purpose of committing extortion. Section 383 defines extortion, the punishment therefor is given in Section 384. Sections 386 and 388 provide for an aggravated form of extortion. These sections deal with the actual commission of an act of extortion, whereas Sections 385, 387 and 389 IPC seek to punish for an act committed for the purpose of extortion even though the act of extortion may not be complete and property not delivered. It is in the process of committing an offence that a person is put in fear of injury, death or grievous hurt. Section 387 IPC provides for a stage prior to committing extortion, which is putting a person in fear of death or grievous hurt ’in order to commit extortion’, similar to Section 385 IPC. Hence, Section 387 IPC is an aggravated form of 385 IPC, not 384 IPC. Having deliberated upon the offence of extortion and its forms, we proceed to analyze the essentials of both Sections, i.e.,383 and 387 IPC, the High Court dealt with.
(Extracted from Balaji Traders v. State of UP, 2025 INSC 806)