Kochi: The state police chief’s order to register an FIR in offenses under Section 354 of the IPC without delay has become a headache for the force due to potential misuse of the gender-specific law.
The order was issued in order to ensure timely justice to victims in cases relating to ‘assault or criminal force to woman with intent to outrage her modesty.’
As per the order, in cases attracting the provisions of Section 354 of the IPC, an FIR should be registered immediately based on the complaint before initiating investigation. Moreover, a criminal case under Section 166 of the IPC would be filed against officials if they are found to be responsible for abnormal delay/laches in initiating criminal proceedings.
Cognizable offenses under Section 166 attract imprisonment for a term not less than six months and may be extended to two years or shall be liable to fine.
Recently, the High Court came down heavily on the police for slapping a charge of outraging the modesty of women in a complaint filed by three women against an Uber taxi driver in Kochi. The court observed that there was no material for charging an FIR against the driver under Section 354.
The missing case
The police had invited widespread criticisms following allegations that officials erred in pursuing a missing case lodged by the relatives of Michel Shaji, who was found drowned in the Kochi backwaters three days after she went missing, at the Ernakulam Central police station.
It was alleged that the police, instead of registering an FIR, conducted a search operation to trace the person after the parents approached the police station.
IPC 354
Section 354 of the IPC states that "whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both." Under this law, the statement of the victim is enough to secure conviction.
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