Section Overview
Section Number:
IPC Section 355
Section Title:
Assault or Criminal Force with Intent to Dishonour Person
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with similar protective principles retained.
Applicability:
IPC Section 355 applies when:
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A person commits assault or uses criminal force;
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The act is intentional;
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The intention is to dishonour or humiliate the victim;
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The act affects personal dignity rather than just causing physical harm.
👉 This section focuses on dignity-based harm rather than physical injury.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 355 ka simple matlab hai ki agar koi vyakti kisi ko maarne ya force use karne ke bajay usko public mein ya situation mein neecha dikhane (humiliate/dishonour) ke liye force use karta hai, to ye offence hai.
Simple words mein:
"Kisi ko jaanbujhkar force use karke uski izzat ko neecha dikhana crime hai."
Legal Meaning
To establish liability under Section 355:
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Assault or criminal force must be present;
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The act must be intentional;
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The intention must be to dishonour the victim;
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The humiliation or insult must be linked to physical force.
Essential Ingredients
Assault or Criminal Force
There must be:
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Threat of force (assault), OR
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Actual use of force (criminal force).
Intention to Dishonour
The accused must have intent to:
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Humiliate;
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Degrade;
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Disrespect;
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Shame the victim publicly or privately.
Absence of Justification
No lawful excuse or consent exists.
Conduct Linked to Humiliation
The force must be directly connected to dishonouring behavior.
Punishment & Legal Classification
Punishment
IPC Section 355 provides:
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Imprisonment up to 2 years; OR
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Fine; OR
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Both.
Bailable / Non-Bailable
Bailable.
Cognizable / Non-Cognizable
Cognizable.
Compoundable
Compoundable in many cases with permission of court (subject to circumstances).
Triable By
Any Magistrate.
IPC ↔ BNS Mapping
IPC Section
IPC Section 355
BNS Equivalent
The Bharatiya Nyaya Sanhita retains provisions dealing with:
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Humiliating assault;
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Dignity-based criminal force;
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Intentional insult through physical conduct.
Status
Concept retained.
Real-Life Examples
Example 1: Public Humiliation
A person intentionally pushes someone in public to embarrass them.
Section 355 may apply.
Example 2: Degrading Physical Conduct
A person uses force to remove someone’s clothing or cap in public to insult them.
Section 355 applies.
Example 3: Intentional Shoving for Insult
A person shoves another person not to injure but to humiliate.
Section 355 may apply depending on intent.
Landmark Judgments
Case Name:
Rupan Deol Bajaj v. K.P.S. Gill
Court:
Supreme Court of India
Key Takeaway:
Physical acts intended to insult or humiliate may amount to criminal force affecting dignity.
Case Name:
State of Punjab v. Major Singh
Court:
Supreme Court of India
Key Takeaway:
Dignity and modesty are protected legal interests under criminal law.
Case Name:
Pawan Kumar v. State of Haryana
Court:
Supreme Court of India
Key Takeaway:
Intent plays a crucial role in determining humiliation-based offences.
Legal Insights
When Is This Section Applied?
Section 355 is applied when:
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Force is used;
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The act is insulting or humiliating;
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The intention is to dishonour the victim;
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The conduct goes beyond mere physical aggression.
Common Misuse Scenarios
Ordinary Physical Altercation
Simple fights are not necessarily Section 355.Lack of Intent
No intention to dishonour = no offence.
Misinterpreting Accident
Accidental contact is not covered.
Absence of Humiliation
If no dishonour is intended or caused, Section 355 may not apply.
Defenses Available
No Intent to Dishonour
The act was not intended to humiliate.
Accident
The act occurred unintentionally.
Consent
The victim consented to the act.
Lack of Evidence
No proof of humiliation or intent.