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Tuesday, April 23, 2024
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Jammu & Kashmir High Court Rules Slapping Wife in Public Not Outraging Modesty, Orders Proceedings Under Section 323

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The Jammu & Kashmir and Ladakh High Court has made a significant ruling regarding a case where a man slapped his wife in public during a matrimonial dispute. The court, headed by Justice Rajnesh Oswal, stated that such an action does not fall under the offence of outraging a woman’s modesty under Section 354 of the Indian Penal Code (IPC). However, it can still attract charges under Section 323 for causing hurt.

Jammu & Kashmir High Court Rules Slapping Wife in Public Not Outraging Modesty

The judgment came after the petitioner challenged the process initiated against him for slapping his wife, arguing that the allegations did not justify invoking Section 354. The case stemmed from a dispute between the couple, with the petitioner filing a suit for restitution of conjugal rights and the wife filing for the cancellation of their marriage agreement.

Amidst these legal battles, the wife lodged a complaint leading to an investigation under Section 202 of the Code of Criminal Procedure. The trial court issued an order against the petitioner for alleged offences under sections 323 and 354 of the IPC. However, the High Court ruled that while the incident did result in injuries to the wife, it did not meet the criteria for outraging a woman’s modesty.

Justice Oswal observed that although the act constituted assault, it lacked the specific intent or nature required for outraging modesty under Section 354. The court upheld the process under Section 323 for causing hurt but quashed the process under Section 354. The ruling sets a precedent for similar cases and directs the trial court to proceed in accordance with the law, emphasizing the importance of accurately applying legal provisions to specific situations.

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