Jammu, Feb 23: In a recent judgement, the High Court of Jammu and Kashmir and Ladakh has noted that a husband slapping his wife in public will not attract offence of outraging woman’s modesty under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code (IPC).
The HC was reportedly hearing a plea by the husband challenging issuance of process by the trial court on a complaint filed by his wife under sections 354 and 323 of the IPC.
According to the wife, when she had arrived at the family court to attend a hearing in a matrimonial dispute between her and her husband, she was publicly slapped and injured by her estranged husband.
Justice Rajnesh Oswal, who was preceding over the case, observed that the no offence was made out under Section 354 IPC on account of the man allegedly slapping his wife in public.
However, the court said that an offence under Section 323 of IPC for voluntarily causing hurt could be attracted, the report added.
“This Court is of the considered view that order dated 30-03-2022, so far as issuance of process for commission of offence under Section 354 IPC is considered, the same is not sustainable in the eyes of law and, accordingly, the same is quashed whereas the order to the extent of issuance of process under Section 323 IPC is upheld,” the order said.–(RepublicTV)
