| Particulars | Details |
|---|---|
| Section | BNS Section 74 |
| Offence | Assault or Criminal Force to a Woman with Intent to Outrage Her Modesty |
| Old IPC Section | IPC 354 |
| Punishment | 1 to 5 Years Imprisonment + Fine |
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Any Magistrate |
Introduction
BNS Section 74 is one of the key provisions under the Bharatiya Nyaya Sanhita, 2023 that protects women from acts of assault, physical harassment, and unwanted physical contact intended to violate their dignity and modesty. The provision criminalizes conduct that targets a woman with the intention of humiliating, insulting, or violating her bodily integrity.
The offence is broader than physical injury and focuses on the protection of a woman's dignity, privacy, and personal autonomy. Even where no grievous injury is caused, the use of criminal force with the intention of outraging modesty can attract criminal liability under this section.
BNS Section 74 replaces the former IPC Section 354 and continues to provide strong legal safeguards against gender-based offences involving assault or criminal force.
What is BNS Section 74?
BNS Section 74 makes it an offence for any person to assault a woman or use criminal force against her with the intention of outraging her modesty or with the knowledge that such conduct is likely to outrage her modesty.
The section applies to various forms of unwanted physical conduct, including inappropriate touching, grabbing, physical harassment, or any other use of force directed at a woman that violates her dignity and personal security.
The focus of the offence is the intention of the accused and the nature of the act committed against the woman.
Bare Act Text of BNS Section 74
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.
In Simple Words
If a person intentionally assaults a woman or uses criminal force against her in a manner that violates her dignity, decency, or modesty, that person may be prosecuted under BNS Section 74.
Actual physical injury is not necessary. The offence is complete if the act is committed with the intention to outrage modesty or with knowledge that such an outcome is likely.
Essential Ingredients of BNS Section 74
To establish an offence under BNS Section 74, the prosecution must prove:
- The victim is a woman.
- The accused assaulted the woman or used criminal force against her.
- The act was intentional.
- The accused intended to outrage her modesty or knew that such conduct was likely to outrage her modesty.
- The act was without lawful justification.
All these ingredients must be established through evidence presented before the court.
Punishment Under BNS Section 74
| Offence | Punishment |
|---|---|
| Assault or Criminal Force to Outrage Modesty of a Woman | Imprisonment of 1 to 5 Years + Fine |
The section prescribes a minimum punishment of one year, reflecting the seriousness with which the law treats offences affecting the dignity of women.
Classification of Offence Under BNS Section 74
| Criteria | Classification |
|---|---|
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Any Magistrate |
Bail Under BNS Section 74
BNS Section 74 is a non-bailable offence.
An accused person cannot claim bail as a matter of right and must apply before the competent court. While deciding bail applications, courts generally consider:
- Nature and seriousness of allegations.
- Conduct of the accused.
- Statements of the victim and witnesses.
- Available evidence.
- Possibility of witness intimidation.
- Risk of absconding.
- Criminal antecedents of the accused.
Because the offence involves the dignity and safety of a woman, courts generally examine bail requests carefully.
Which Court Has Jurisdiction Under BNS Section 74?
According to the classification provided, offences under BNS Section 74 are triable by Any Magistrate.
The Magistrate examines witness testimony, documentary evidence, electronic evidence, and other materials produced during the trial before delivering judgment.
Legal Process Under BNS Section 74
- Incident of assault or criminal force occurs.
- Complaint is made by the victim or informant.
- Registration of FIR by police.
- Recording of the victim's statement.
- Collection of physical, documentary and electronic evidence.
- Examination of witnesses.
- Arrest of the accused where required.
- Completion of police investigation.
- Filing of charge sheet before the court.
- Framing of charges.
- Examination of prosecution witnesses.
- Cross-examination by the defence.
- Recording of statement of the accused.
- Final arguments.
- Pronouncement of judgment.
- Sentencing upon conviction.
- Appeal before the higher court.
Old Law vs New Law (IPC → BNS Mapping)
| Old IPC Section | New BNS Section |
|---|---|
| IPC Section 354 | BNS Section 74 |
The offence remains substantially similar to the earlier IPC provision. BNS Section 74 continues the legal protection available to women against assault or criminal force intended to outrage modesty.
Important Case Laws Related to BNS Section 74
State of Punjab v. Major Singh
The Supreme Court explained that the concept of modesty is associated with female dignity and that acts violating such dignity may attract criminal liability under provisions relating to outraging modesty.
Rupan Deol Bajaj v. K.P.S. Gill
The Supreme Court held that physical acts intended to insult or violate the dignity of a woman can constitute an offence relating to outraging modesty depending on the facts and circumstances of the case.
These principles continue to guide courts while interpreting BNS Section 74.
Defences Available to the Accused Under BNS Section 74
Depending upon the facts of the case, an accused may raise:
- False implication.
- Mistaken identity.
- Lack of criminal intent.
- Absence of assault or criminal force.
- Contradictory witness testimony.
- Insufficient evidence.
- Alibi defence.
- Failure of prosecution to prove essential ingredients beyond reasonable doubt.
The burden remains on the prosecution to establish guilt.
Real-Life Example of BNS Section 74
Suppose A intentionally grabs B, a woman, in a public place and touches her in an inappropriate manner despite her resistance. The act is committed with the intention of violating her dignity and personal autonomy.
Such conduct may amount to an offence under BNS Section 74 because criminal force has been used with the intention of outraging the modesty of a woman.
Conclusion
BNS Section 74 plays a crucial role in protecting women against assault and unwanted physical conduct intended to violate their dignity and modesty. The provision recognizes that such acts cause significant emotional, psychological, and social harm even when no serious physical injury occurs.
By making the offence cognizable, non-bailable, and non-compoundable, the Bharatiya Nyaya Sanhita ensures stronger legal protection for women and reinforces the principle that offences affecting dignity and bodily autonomy must be dealt with firmly.