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april 1966

Supreme Court of India · 1966-04-28

STATE OF PUNJAB vs MAJOR SINGH

Citation / case number
SC 1964/90280
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
MAJOR SINGH
Bench
SARKAR, A.K. (CJ)

Judgment text excerpt

The Supreme Court examined the applicability of Section 354 IPC concerning the outrage of modesty of a female child aged seven and a half months. The majority opinion held that the intention or knowledge of the accused regarding the likely outrage of modesty is crucial, and since the child is considered a 'woman' under the IPC, the act of the accused constituted an offence. However, the dissenting opinion argued that no reasonable person would attribute modesty to a child of that age, thus questioning the applicability of the section in this case. The appeal was ultimately decided based on the interpretation of the law regarding modesty and intent under Section 354 IPC.

STATE OF PUNJAB vs MAJOR SINGH · Niyam