Punjab and Haryana High Court Rules Attempt to Initiate Conversation with Woman Not Offence Under IPC Section 354
- Shivani Garg
- 23 September 2025
Introduction
The Punjab and Haryana High Court has clarified the legal scope of Section 354 of the Indian Penal Code (IPC), ruling that merely attempting to initiate a conversation with a woman—even if unwelcome—does not amount to an offence unless accompanied by criminal force with intent to outrage modesty.
Background
IPC Section 354: Penalizes assault or use of criminal force against a woman with intent to outrage her modesty.
Case Details: An FIR was lodged in July 2020 at PGIMS Rohtak after a man approached a woman in a library, greeted her, and tried to engage in conversation despite her refusals.
Judicial Concern: The court was tasked with determining whether such behavior qualified as an offence under Section 354.
Key Developments
Judgment by Justice Kirti Singh:
Found that no physical contact or force was alleged in the complaint.
The complainant herself testified that she had no grievance against the accused.
Court’s Observation:
Annoying or socially inappropriate conduct does not, by itself, satisfy the requirements of Section 354.
For an act to fall under the section, there must be criminal force plus intent to outrage modesty.
Issues
Overbroad Use of IPC Section 354 – Risk of misuse if mere unwanted conversation is criminalized.
Balance Between Social Conduct and Legal Offence – Distinguishing between socially inappropriate behavior and legally punishable acts.
Judicial Process Abuse – Continuing such cases without the legal ingredients would waste judicial resources.
Current Status
The FIR was quashed by the High Court.
The ruling reinforces judicial caution in extending criminal provisions beyond their intended scope.
It highlights the need to protect the integrity of legal processes while ensuring women’s safety through appropriate application of law.
Conclusion
The Punjab and Haryana High Court’s judgment sets an important precedent by drawing a clear line between unwelcome social interactions and criminal conduct under IPC Section 354. While stressing the seriousness of offences that genuinely outrage a woman’s modesty, the court emphasized that the law must not be stretched to cover conduct lacking the essential elements of force or intent. This ensures both fairness to the accused and credibility of the judicial system.
