Section 74 BNS: Assault or Criminal Force to Woman with Intent to Outrage Her Modesty
Section 74 of the Bharatiya Nyaya Sanhita, 2023 punishes assault or use of criminal force against a woman where the accused intends to outrage her modesty or knows that such conduct is likely to outrage her modesty.
Text of Section 74 of the Bharatiya Nyaya Sanhita, 2023
74. Assault or use of criminal force to woman with intent to outrage her modesty.— 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.
Meaning and Scope of Section 74 BNS
Section 74 contains both a physical or threatening act requirement and a mental element. The conduct must amount to either assault or use of criminal force against a woman, and it must be accompanied by an intention to outrage her modesty or knowledge that such consequence is likely.
Essential Ingredients of Section 74
- The person against whom the conduct is directed must be a woman.
- The accused must assault the woman or use criminal force against her.
- The accused must intend to outrage her modesty, or know that the act is likely to outrage her modesty.
- If these elements are proved, the punishment prescribed by Section 74 applies.
Punishment Under Section 74
Section 74 prescribes imprisonment of either description for a minimum term of one year and a maximum term of five years. The offender is also liable to fine.
Definition of Criminal Force - Section 129 BNS
Section 129 defines criminal force as the intentional use of force against another person without that person's consent, for committing an offence, or with the intention of causing, or knowledge of the likelihood of causing, injury, fear or annoyance to that person.
Definition of Assault - Section 130 BNS
Under Section 130, assault involves a gesture or preparation made with the intention or knowledge that it is likely to cause a person present to apprehend that the person making the gesture or preparation is about to use criminal force against that person.
Important: Section 130 further states that mere words do not by themselves amount to assault, although words may give a gesture or preparation a meaning that makes the conduct amount to assault.
How Sections 74, 129 and 130 Work Together
| Provision | Subject | Role in Understanding Section 74 |
|---|---|---|
| Section 74 | Assault or criminal force to woman with intent to outrage modesty | Creates the specific offence and prescribes punishment. |
| Section 129 | Criminal force | Defines when intentional use of force becomes criminal force. |
| Section 130 | Assault | Defines gestures or preparations that create apprehension of imminent criminal force. |
Section 74 and Related Offences Against Women
Section 74 forms part of the BNS provisions dealing with offences against women and children. The immediately following provisions address distinct conduct, including sexual harassment under Section 75, assault or criminal force with intent to disrobe under Section 76, voyeurism under Section 77, stalking under Section 78 and insulting the modesty of a woman through words, gestures or acts under Section 79.
Commencement of the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It came into force on July 1, 2024, except sub-section (2) of Section 106.
Official Legal Resources
- Ministry of Home Affairs - Judicial Division and official Bharatiya Nyaya Sanhita, 2023 download
- Ministry of Home Affairs - New Criminal Laws
This page is intended for general legal information. For a particular case, the statutory text, facts, applicable procedural provisions and relevant judicial decisions should be examined together.