S 354A IPC

Question 1

S 354A ingredients

Answer 1

According to Section 354A of the IPC, 1860, a man committing an act such as

Making physical contact and advances involving unwelcome and explicit sexual overtures; or
Demanding or requesting sexual favors; or
Showing pornography against the will of women; or
Making sexually colored remarks
should be guilty of the offence of sexual harassment.

Question 2

S 354A amendment?

Answer 2

This Section was added to the IPC through the Criminal Law (Amendment) Act, 2013 after the Supreme Court’s judgment concerning the issue of sexual harassment of women at workplace.

Question 3

S 354A punishment?

Answer 3

As per this Section, any individual who commits an offence as mentioned above in points (1), (2), and (3) should be punished with rigorous imprisonment for a term extending to 3 years or a fine or both.
On the other hand, if an individual commits an offence by making sexually colored remarks against a woman then he/she should be punished with imprisonment for a term that may extend to 1 year or a fine or both.

Question 4

Scope of S 302 IPC

Answer 4

1. Section 302 provides punishment for murder.
2. It stipulates a punishment of death or imprisonment for life and fine.
3. Once an offender is found by the court to be guilty of the offence of murder under s 300, then it has to sentence the offender to either death sentence or imprisonment for life.
4. The court has no power to impose any other lesser sentence. (State v Savitri) 1976

Question 5

Corpus delicti?

Answer 5

It is not at all, necessary for a conviction for murder that the corpus delicti be found.
In the absence of corpus delicti, obviously, there must be direct or circumstantial evidence

leading to the inescapable conclusion that the person has died and that the accused are the persons who had committed murder.

Ram Gulam Chaudhary v State of Bihar AIR 2001