Section 354 IPC

[Harry Singh]

Respected Sir
I and my friend went to party.. He got drunk. We had invited some girls also.
He was flirting with one of the girl and before leaving he hugged that girl and two of her friends.. One of the girl was complaining to me she felt bad that day.She also told me to ask my friend to stop messaging her.
It seemed as if she wanted to do something.My friend did not want or know at that time that she would feel bad.
Is the above conduct punishable under section 354 IPC or 354a ipc?

[Dr. Ashok Dhamija]

There appears to be prima facie matter to register FIR, if a complaint is filed by the girl. It can be both under Section 354 and 354A, depending upon details of facts. The police will generally speaking charge sheet the case also, since they would generally believe the statement of the girl. Whether there would be conviction after trial would depend on the evidence.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Harry Singh]

Sir
Just wanted to state some things
The girl was also actively flirting in party with him and she has no problem.
But one of her friend he hugged has a problem.That girl hugged him back.
The hug was just a gesture of greeting and he had no other sexual intentions.
Are these factors significant or he should deny the matter altogether?

[Harry Singh]

Sir
What I intend to ask is in order to decide his guilt –
1) Does the intention of the person behind hugging matters?
2) He didn’t know that she would feel bad. Does it matter?

[Author]

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