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Chhattisgarh HC: Holding a Woman’s Hand and Saying ‘I Love You’ Can Outrage Modesty Under IPC 354

The court limited the case to IPC Section 354, citing insufficient proof of minority that led to a one-year sentence.

Overview

  • Justice Naresh Kumar Chandravanshi upheld the conviction under Section 354 for using criminal force paired with unwelcome romantic overtures.
  • The court set aside the POCSO conviction after finding the prosecution did not establish the victim’s age through primary records.
  • The punishment was reduced from three years’ rigorous imprisonment to one year, noting the accused was 19 and no further objectionable acts were proved.
  • The accused, who is on bail, was ordered to surrender before the trial court to serve the remaining sentence.
  • The judgment explained the legal meaning of “modesty” using dictionary definitions and Supreme Court precedents and noted the conduct as highly objectionable in rural contexts.