Discuss the law relating to 'Assault or Criminal force' to woman with intent to 'Outrage her Modesty' and 'Sexual Harassment' as defined under Indian Penal Code, 1860. Is there any difference between the two ? Explain.

Assault, Criminal Force, and Outrage of Modesty under the IPC

The IPC defines several offenses that constitute violence against women. Understanding these definitions is crucial to differentiating them from sexual harassment.

• Assault (Section 355, IPC): Assault is defined as intentionally causing fear of immediate harmful contact. It doesn't require actual physical contact. The intention to cause apprehension of harm is key.
• Criminal Force (Section 358, IPC): Criminal force involves the use of force to someone, without their consent, for the purpose of committing an offense or intimidating/annoying them. Actual physical contact is necessary.
• Outrage of Modesty (Section 354, IPC): This involves any act intended or known to be likely to outrage the modesty of a woman. Modesty, though not explicitly defined, generally refers to a woman’s sense of shame or decency. This can include gestures, words, or acts. The intent is crucial – the act must be intended to outrage modesty or be known to be likely to do so.

Sexual Harassment under the IPC and the Criminal Law (Amendment) Act, 2013

Prior to 2013, sexual harassment wasn't explicitly defined as a criminal offense under the IPC, often being dealt with under broader provisions like ‘outrage of modesty’. The Criminal Law (Amendment) Act, 2013, addressed this gap.

• Section 354A (IPC): Introduced by the 2013 Act, this section deals with sexual harassment and includes acts like unwelcome physical contact, unwelcome advances, making sexually coloured remarks, showing pornography, or any other unwelcome act of sexual nature. It specifically addresses situations where the act is unwanted and causes distress.
• Section 354B (IPC): Addresses assault or use of criminal force to a woman with intent to disrobe, strip or otherwise show her naked.
• Section 354C (IPC): Deals with voyeurism – watching a woman engaging in a private act without her knowledge or consent.
• Section 354D (IPC): Addresses stalking – repeated unwanted attention and harassment that causes fear or distress.

Comparison: Outrage of Modesty vs. Sexual Harassment

While both relate to offenses against women, there are key differences:

Feature	Outrage of Modesty (Section 354, IPC)	Sexual Harassment (Section 354A, IPC)
Nature of Act	Any act intended or known to be likely to outrage modesty. Can be a single act.	A series of acts or a single act of unwelcome physical contact, advances, remarks, or display of pornography.
Intent	Intent to outrage modesty or knowledge that the act is likely to outrage modesty.	Unwelcome conduct of a sexual nature; the act must be unwanted and cause distress.
Physical Contact	Not necessarily required. Can be gestures or words.	May or may not involve physical contact, but unwelcome physical contact is specifically included.
Scope	Broader, encompassing acts that offend a woman’s sense of decency.	More specific, focusing on unwelcome conduct of a sexual nature.
Punishment	Imprisonment up to 2 years, or fine, or both.	Imprisonment up to 1 year, or fine, or both. (However, repeat offenses under 354A can lead to higher penalties).

Essentially, ‘outrage of modesty’ is a broader concept focusing on affront to a woman’s dignity, while ‘sexual harassment’ is a more specific offense focusing on unwelcome conduct of a sexual nature. The 2013 amendment aimed to address the limitations of the earlier provisions by explicitly criminalizing various forms of sexual harassment.