Recentlly, the Kerala Court held that merely holding a woman's hand and threatening to kill her would not attract the offence of assault or criminal force to outrage a woman's modesty under Section 354 IPC.

The Judicial First Class Magistrate II Aluva Santhosh T.K., observed that in order to commit the offence under Section 354 IPC, it would have to be proved that the accused used criminal force or assaulted a woman either with an intention to outrage her modesty or with the knowledge that it was likely that he would thereby outrage her modesty.

The relevant section of the Indian Penal Code punishes “assault of criminal force to woman with intent to outrage her modesty” with 1-5 years in prison and a fine.

In the said matter, the woman was waiting for prayer in a temple, the accused caught hold of her hand with an intent to outrage her modesty. It was added that the accused had also threatened to kill her. Accordingly, he was booked for offences under Section 354 (Assault or criminal force to woman with intent to outrage her modesty) and 506(1) (Punishment for criminal intimidation) of the IPC.

As regards the offence under Section 354 IPC, the Court was of the view that the prosecution had failed to show that the accused had uttered any indecent words or had the intention to use the victim to satisfy his lust. It thereby held that the offence under Section 354 IPC would not arise in the present case.

''Mere threat without causing any alarm would not amount to a criminal intimidation.''

On an appreciation of the evidence on record, the Court was of the view that the prosecution had succeeded to prove that the accused had an intention to cause alarm to the woman.

The Court thus acquitted the accused for the offence under Section 354 IPC, but convicted him for threatening to kill the woman under Section 506. He was thus sentenced to undergo simple imprisonment for a period of two years and to pay fine of Rs.5,000/­.

The accused was represented by Advocate V.K.Siddik. The Additional Public Prosecutor II, Aluva appeared on behalf of the State.

Case Title: State v. Anoop