Yes, Section 354 of the Indian Penal Code (IPC) can be applied against women as accused. Section 354 IPC deals with “Assault or use of criminal force to outrage the modesty of a woman.” The provision does not limit the offender to a particular gender, meaning that any person, irrespective of their gender, can be prosecuted under this section if they commit the offense described.
Key Points:
- Who can be an offender?
The section does not specify the gender of the offender, so women can also be prosecuted under this provision if they assault or use criminal force to outrage the modesty of another woman. - Essentials of Section 354 IPC:
- The act must involve assault or the use of criminal force.
- The act must be intended to outrage or must have the knowledge that it is likely to outrage the modesty of a woman.
- Application against women:
If a woman is accused of intentionally or knowingly outraging the modesty of another woman, Section 354 can be invoked against her. - Judicial Interpretations:
Indian courts have clarified in various judgments that the gender of the offender is immaterial under this section, as the provision focuses on the act and its impact on the victim.
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