Outrage of modesty law. Accused of Molest: Outrage of Modesty in Singapore 2022-10-23
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The outrage of modesty law, also known as the "indecent exposure" law, is a controversial and highly debated topic that has sparked a great deal of outrage and outrage in recent years. The law, which is in place in many countries around the world, criminalizes the exposure of certain body parts in public, typically the genitals or buttocks. While the intention behind the law may be to protect public decency and prevent inappropriate or offensive behavior, it has been criticized for its inconsistency, subjectivity, and potential to be used as a tool for discrimination and oppression.
One of the main criticisms of the modesty law is its inconsistency. Different countries have different definitions of what constitutes "indecent exposure," and these definitions can vary significantly. Some countries have very strict modesty laws that prohibit any exposure of the genitals or buttocks, while others have more lenient laws that allow for certain types of clothing or behavior. This inconsistency can lead to confusion and injustice, as individuals may not know what is allowed or prohibited in different locations.
Another issue with the modesty law is its subjectivity. What one person may consider modest or decent may be viewed differently by another. This subjectivity can lead to the law being used unfairly or disproportionately against certain groups of people, such as those who are perceived as being less modest or more sexually promiscuous. This can be particularly problematic when
Outrage of Modesty: Risks and Legal Recourse
Under the said Chapter, Sections 349 to 374 are relating to offences committed using criminal force and assault. Has someone crossed the line with you, having physically touched you somewhere they should not have, coerced you into physical intimacy, or said something overtly sexual to make you feel uncomfortable? Author: Sumedha Ray Introduction Section 354 If an offence is cognizable, police have the authority to arrest the accused without an arrest warrant and to start an investigation with or without the permission of a court. The judgement was that the court directed the learned Magistrate, Chandigarh to take cognizance upon the police report in respect of the offences under Sections 354 and 509 IPC and try the case himself in accordance with law. The offender must have also intended to outrage the modesty of that person or must know that outrage of modesty would likely occur in doing so. Then , you will have to file Petition in High Court for action against the police officers for false case.
Last Update: October 15, 2022 This is a question our experts keep getting from time to time. In Shiv Shanker vs. Normally, for each count of molestation, the sentence includes a fine, jail time of up to five years, caning, or a combination of these depending on the circumstances. As the matter is a criminal one, a Deputy Public Prosecutor will be assigned to the case if the police determines that a criminal offence had occurred. In the case of State v.
Where some laborers, including a woman, who were taken to a police station to do certain work which they did, asked for their wages, they were beaten and the woman was also stripped bare and thrashed, it was held, inter alia that an offence under this section was committed. This offence is triable by any Magistrate. Hari Ram In the case of Aman Kumar v. It was in this context that he rejected the appeal. Gill In Kanwar Pal S.
Under S'pore's laws, one cannot be charged for insulting the modesty of a man. Here's why.
She might be in deep sleep or for the matter under the spell of anesthesia or unable to acknowledge the intention behind the said act because of these factors and the accused will still be liable. He would have to serve in total 10 weeks in jail as three of the jail terms for making obscene films were to run concurrently. Now, we have got a complete detailed explanation and answer for everyone, who is interested! Firstly, offence-specific factors relating to how the offence was committed will be examined, and this determines the severity of the offence. Major Singh In R. Is it the modesty of the woman that is outraged, or is it the patriarch who is outraged, when they see a woman embracing her sexual self? The reaction of the women is very relevant , but its absence is not always decisive, as for example, when the accused with a corrupt mind stealthily touches a woman who is sleeping at that moment. The appeal was rejected.
Also read: Rupan Deol Bajaj Vs. Intention to outrage the modesty of that woman. Section 509 is different from section 354. As the Bill is still being debated in Parliament, it has yet come into operation. If yes, then there is no harm in saying that you are one of the victims of Moral Policing. Although both men and women can commit the offence, it is males who are the most common offenders.
Where the accused caught hold of a woman with a view to rape her but she picked up an axe and inflicted a blow on him after which he escaped, it was held that he was guilty under this Section for the indecent assault. Pratap also volunteers with the Criminal Legal Aid Scheme with the Pro Bono Office of the Law Society of Singapore for the lesser privileged members of society for criminal cases and on the Assigned Defence Counsel Lead Counsel list for capital death penalty cases in the High Court. Section 354 of the Penal Code criminalises the offence of the assault or use of criminal force to a person. Is kissing a minor legal in India? The Act makes abetment of child sexual abuse an offence. Pulling a woman by the arm along with a request for sexual intercourse is an offence under Section 354. Thus, the acts of sexual harassment are condemned and are strictly punished to avoid further violence against women. Chapter XVI of the Indian Penal Code deals with offences affecting the human body.
Can a husband outrage the modesty of his wife? Explained by FAQ Blog
Each case is judged on its own facts, and other factors such as age, race and religion of the victim may also be considered. My name is Ankur. The main motive was to make a modern law website that is clean, comfortable, and has few ads. According to the section, three criteria need to be fulfilled, to constitute an offence under this section. .
Accused of Molest: Outrage of Modesty in Singapore
This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working. Take note that this will take time, since there are settlements to be discussed and investigations to be conducted. The convict has been sentenced to five years of imprisonment for this act. The applicability of section 354 varies from case to case as the courts are aware of the fact that such charges are easy to make and it is very difficult for a man to rebut the same. Lighter or Harsher Punishments? Does this section fulfil the purpose of its existence, or is it counter-productive? Otherwise, an arrested person has to apply for bail before a magistrate or court.
However, I, like many others, can find more than one problem to it. He also handles arbitration and dispute resolution work. In this article we are only going to dwell into a specific section i. For the defence in the cases under section 354, it is very essential to establish that the woman was a consenting party in the act. In Aman Kumar vs. These can range from counselling to suspension, or even dismissal.
Hence, Teo was charged for making and possessing obscene films, as well as for being a public nuisance under the Films Act instead. An If you have committed outrage of modesty, you can choose to be Will Outrage of Modesty Result in a Criminal Record? The criteria are — a the assault must be on a woman; b the accused must have used criminal force on her; and c the criminal force must have been used on the woman, thereby intending to outrage her modesty. Actions like pulling a woman without her consent, disrobing her along with a request for sexual intercourse are acts which outraging the modesty of women. Upskirt photographs: taking photographs up the skirt of a woman is classed as being an outrage to modesty, even though no criminal force or physical assault may be involved. This was somewhat a creative approach on the part of the prosecution but the the Films Act was meant to protect society from the corrupting influence of obscene films, not to deal with cases of voyeurism and intrusion of privacy. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided.