Publicly slapping wife does not constitute ‘outraging modesty’: J&K HC [Read Order]

SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has held that a husband slapping his wife in public will not be liable under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code (IPC).

Quashing the issuance of process by a trial court in a case where a man allegedly “slapped and thrashed” his wife in “public gaze”, the single-judge bench of Justice Rajnesh Oswal observed that only an offence under Section 323 of IPC for voluntarily causing hurt applied in the case.

"From the averments made in the complaint, no offence under Section 354 IPC is made out but offence under Section 323 IPC is made out as the respondent has categorically stated that she was thrashed and slapped in public gaze by the petitioner when she had come to attend the proceedings," the Court ordered.

The husband had challenged the issuance of process by the trial court under Sections 354 and 323 of the IPC.

The incident allegedly happened when she arrived in Court to attend ongoing proceedings in a matrimonial dispute between the two.

He pleaded before the High Court that the trial court could not have issued the process for commission of an offence under Section 354 of IPC when the allegations in the complaint did not make out a case for the same.

The wife’s counsel also agreed with this submission.

Thus, the Court proceeded to quash the case under Section 354, IPC while upholding the issuance of process under Section 323 IPC.

Advocate Umar Mir appeared for the petitioner-husband.

Advocate Showkat Ali Khan appeared for the respondent-wife.

Cause Title: Mehboob Ali v. Nisar Fatima

[Read Order]