'Husband slapping wife in public will not attract offence of outraging woman's modesty'

The woman claimed that she was publicly slapped by her estranged husband when she arrived at the family court to attend a hearing in matrimonial dispute.
Jammu and Kashmir High Court
Jammu and Kashmir High Court (File Photo | PTI)

The High Court of Jammu and Kashmir and Ladakh recently quashed the issuance of process by a trial court against a man for the commission of the offence under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code (IPC) for allegedly slapping his wife in public, according to Bar and Bench.

The Court was hearing a plea by the husband challenging issuance of process by the trial Court on a complaint filed by his wife for offences under Sections 354 and 323 of the IPC, the report said.

The husband and wife had certain matrimonial disputes pending between the two. The wife claimed that when she had arrived at the family court to attending a hearing in a matrimonial dispute, she was publicly slapped and injured by her estranged husband.

Justice Rajnesh Oswal 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.

Related Stories

No stories found.

The New Indian Express