Outraging Modesty of Woman -- Tapping Student on Palm During Class -- Offence not made out without intention to outrage modesty
(i) Indian Penal Code, 1860, S.354 -- Outraging Modesty of Woman -- Tapping Student on Palm During Class -- Intention to outrage modesty of woman is an essential ingredient of the offence -- Physical contact alone does not attract it -- Beat on the palm of a student in open class, to wake her from a drowsy state, does not show the required intention. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 -- Quashing of Proceedings -- Allegations Not Disclosing Offence -- Inherent power is to be used sparingly, to prevent abuse of process or secure ends of justice -- Proceedings can be quashed where allegations, even if accepted in full, do not disclose an offence -- Court cannot examine evidence in detail or hold a mini-trial at this stage.
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