Jammu & Kashmir High Court: A husband slapping his wife in public would not be considered an offense under Section 354 IPC that violates a woman’s right to modesty.
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In a recent ruling in Mehboob Ali v. Nisar Fatima, the High Court of Jammu and Kashmir and Ladakh overturned the trial court’s issuance of process against a man for allegedly slapping his wife in public, which is punishable under Section 354 of the Indian Penal Code (IPC) as assault or criminal force to woman with intent to outrage her modesty.
Judge Rajnesh Oswal noted that although the guy was accused of hitting his wife in public, no crime was proven under Section 354 of the IPC. Nonetheless, the Court stated that intentionally causing harm could result in an offense under Section 323 of the IPC.
The husband was presenting a plea to the court contesting the trial court’s issuing of process regarding his wife’s complaint alleging violations of Sections 354 and 323 of the Indian Penal Code.
There were some ongoing marital issues between the husband and wife. The wife alleged that her estranged husband had publicly slapped and hurt her when she appeared at the family court to attend a hearing in a marital dispute.
The husband was charged under Sections 323 and 354 of the IPC in the complaint brought against him in relation to this occurrence. In the end, the husband was served with process in this matter by a trial court, which he then contested before the High Court.
The trial court’s actions were contested on the grounds that, given the facts in the complaint, there was no basis for the trial court to have issued an order for the commission of an offense under Section 354 of the IPC.
The wife’s attorney also acknowledged that the Section 354 IPC offense was not proven, but they stated that the Section 323 IPC offense was still relevant.
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