Statutory Interpretation Of State Of Punjab V. Major Singh (AIR 1967 SC 63)
- IJLLR Journal
- Jul 24, 2023
- 1 min read
Divyanshi Bhardwaj, O.P. Jindal Global University, Jindal Global Law School
Facts
Major Singh is the culprit in this case, wherein, he outraged the modesty of a seven-and-a-half- year-old girl child, by fingering her. Around 9:30PM, the culprit walked into the room where the baby was asleep, stripped himself down and fingered her, which led to her hymen being broken, and she got a wound- a 3/4” long tear inside her vagina. He fled the room as soon as he saw the mother of the baby. The case in the High Court sided with Major Singh, stating that the baby had no modesty, so under Section 354 of the Indian Penal Code (IPC), 1860, he cannot be held guilty. The State then appealed to the Supreme Court.
Issues
The issue that prima facie seems to be the discussion of this case is whether someone injuring the private parts of a seven-and-a-half-year-old female baby can be held guilty for outraging her modesty under Section 354 of the IPC, 1860. Another major issue that this case dealt with is whether a seven-and-a-half-year-old baby had any modesty, to begin with. Also, what is modesty, and how can it be determined?
Rule
Section 354 of the IPC talks about how the modesty of a woman is outraged when someone assaults or uses criminal force. This section also talks about mens rea, that if a person intends to cause outrage, which he knows will cause outrage, shall be punished.
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