Difficulty: Easy
Correct Answer: Section 354A
Explanation:
Introduction / Context:
Sexual harassment is a serious offence under Indian criminal law, and the Indian Penal Code contains specific provisions to penalise such behaviour. This question asks which Section of the IPC is relevant when a transgender person wishes to file a sexual harassment case, based on the way the topic is usually presented in general knowledge and law related examinations. It is important to note that the legal understanding of gender identity is evolving, but Section 354A is the central section associated with the offence of sexual harassment.
Given Data / Assumptions:
- The question is about sexual harassment as an offence under the IPC.
- It specifically refers to transgender persons, but the underlying section is the same as that used for sexual harassment cases more broadly.
- The options list various IPC sections, but only one is directly connected with sexual harassment as defined in law.
Concept / Approach:
Section 354A of the IPC defines and penalises the offence of sexual harassment. It covers acts such as unwelcome physical contact, demands for sexual favours, showing pornography against the will of a person, and making sexually coloured remarks. After recognition of transgender persons as a third gender by the Supreme Court of India, various rights and protections apply to them as well, and in exam oriented contexts, Section 354A is considered relevant for sexual harassment complaints by transgender persons.
Step-by-Step Solution:
Step 1: Recall that Section 354A IPC is titled sexual harassment and punishment for sexual harassment.
Step 2: Note that Section 366 IPC deals with kidnapping, abduction or compelling a woman to marry and is not the main sexual harassment provision.
Step 3: Observe that Section 666A is not an actual section of the IPC; it appears in the options as a distractor.
Step 4: Therefore, among the given sections, Section 354A is the recognised legal provision dealing directly with sexual harassment.
Verification / Alternative check:
As an alternative check, you can remember the cluster of IPC sections around 354 dealing with offences relating to the modesty and dignity of individuals. Section 354 relates to assault or criminal force, and 354A specifically enumerates different forms of sexual harassment. Standard legal guides and competitive exam books list Section 354A when summarising sexual harassment law.
Why Other Options Are Wrong:
- Section 366: Primarily addresses kidnapping or abducting a woman to compel marriage or intercourse, not general sexual harassment.
- Section 666A: This section does not exist in the IPC and is included to confuse candidates.
- None of the above: This is incorrect because Section 354A is in fact the correct and widely accepted provision for sexual harassment.
Common Pitfalls:
One pitfall is to think that there is a special section exclusively for transgender persons, whereas in most exam oriented treatments, the general sexual harassment provision Section 354A is applied. Another common error is mixing up sexual harassment with other offences like kidnapping or obscenity under different sections. Carefully linking sexual harassment with Section 354A helps avoid confusion in questions of this type.
Final Answer:
For examination purposes, the section of the IPC relevant to a sexual harassment case, including where the complainant is a transgender person, is Section 354A.
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