AHMEDABAD: The
Gujarat high court has said that sexual assault by a husband on his wife amounts to an outrage of her modesty under Section 354 of IPC, irrespective of the fact whether it was done with or without her consent or in the absence of a third party.
Charges under Section 354 of IPC were not levelled against a man by police in this case, but the HC ordered for addition of such a charge in the FIR and ordered Sabarkantha SP to monitor the probe and ensure that it is carried out in the right direction.
The HC observed, “Women have modesty irrespective of their age and understanding of it. Modesty is inherent characteristic of womanhood independent of any individual’s personality.”
It further said, “The question of husband’s knowledge, intention or her developed sense under the modern set up would become irrelevant and a deliberate outrageous conduct of the husband is indefensible. It would thus seem to follow that a husband may be held guilty of an offence even under Section 354 of IPC, if the victim is a woman who is his wife.”
The HC explained how it is outraging modesty of woman, “If a person takes indecent liberties with his wife in public, he will be as much punishable as if he had outraged the modesty of another woman. But in case, the wife is below 18 years of age, then irrespective of the fact that the husband and wife are alone or in public, any assault or use of force against her may amount to an outrage. If they are alone, the husband may be held guilty of outraging the modesty of his wife if he does unkind, cruel or perverted sexual acts to her.”
