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Criminal Law

Abuse and Pushing Not Outraging Modesty, Says Bombay HC - 2024-01-04

Subject : Criminal Law - Outraging Modesty

Abuse and Pushing Not Outraging Modesty, Says Bombay HC

Supreme Today News Desk

The Nagpur bench of the Bombay High Court has ruled that following, abusing, and pushing a woman might be "annoying" acts, but they do not constitute the offense of outraging modesty under Section 354 of the Indian Penal Code (IPC). The court granted relief to a man convicted by the judicial magistrate first class court at Wardha. The appellant, a 36-year-old laborer, was accused of following and abusing a college student. Justice Anil Pansare acquitted the man, stating that the prosecution failed to prove its case beyond a reasonable doubt. In a separate case, the Delhi High Court held that making unsubstantiated allegations of extramarital relationships and portraying a husband as a womanizer in public space are acts of extreme cruelty that merit the dissolution of marriage. The court upheld a family court order granting divorce on the husband's plea of cruelty. The bench observed that casting aspersions of extramarital relationships and humiliating a spouse publicly amounts to mental agony and cruelty.

Outraging modesty - Criminal law - Mens rea - Actus reus - Intention - Negligence - Recklessness - Strict liability - Defenses - Consent - Provocation - Self-defense

#BombayHighCourt #OutragingModesty #CriminalLaw

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