The main ingredient of the offence under Section 354 of IPC is that the assault or use of criminal force to any woman must have been with the intention “…to outrage or knowing it to be likely that he will thereby outrage her modesty…”. Therefore, there should be a specific intention of outraging the modesty of the woman to amount to an offence under Section 354 IPC.
In your case, from the limited facts narrated by you, this intention to outrage the modesty of the woman, appears to be missing. You already knew the girl well, and there was some small fight as you have mentioned. While Section 323 IPC offence may have been committed in the facts mentioned by you, offence under Section 354 IPC appears to be not committed. Unless, of course, if some more facts are mentioned by the girl in her complaint to the police which show the above intention, which are not in your knowledge.
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.
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