Section 76 BNS: Assault or Criminal Force to Woman with Intent to Disrobe
Section 76 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who assaults or uses criminal force against a woman, or abets such an act, with the intention of disrobing her or compelling her to be naked.
Text of Section 76 of the Bharatiya Nyaya Sanhita, 2023
76. Assault or use of criminal force to woman with intent to disrobe.— Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
Meaning and Scope of Section 76 BNS
Section 76 is a specific offence aimed at conduct involving assault or criminal force directed against a woman where the required intention is to disrobe her or compel her to be naked. The provision also expressly covers a person who abets such an act.
Essential Ingredients of Section 76
- The person against whom the conduct is directed must be a woman.
- There must be an assault or use of criminal force, or abetment of that act.
- The conduct must be accompanied by the intention of disrobing the woman or compelling her to be naked.
- The prescribed punishment is imprisonment from three years to seven years, along with fine.
Punishment Under Section 76
Section 76 prescribes imprisonment of either description for a minimum term of three years and a maximum term of seven years. The offender is also liable to fine.
Meaning of Abetment
The BNS contains general provisions on abetment. In broad terms, abetment can arise through instigating another person to do a thing, engaging in a conspiracy for doing that thing where an act or illegal omission takes place in pursuance of the conspiracy, or intentionally aiding the doing of that thing. Because Section 76 expressly includes a person who abets the prohibited act, liability is not confined only to the person who physically commits the assault or uses criminal force.
Meaning of Criminal Force
Under the BNS, criminal force involves 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.
Meaning of Assault
Assault under the BNS includes 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: The special mental element under Section 76 is the intention to disrobe the woman or compel her to be naked. This distinguishes the offence from other provisions dealing with assault, criminal force or sexual harassment.
Section 74 and Section 76 BNS - Key Difference
| Provision | Core Conduct | Required Intention or Knowledge | Punishment |
|---|---|---|---|
| Section 74 | Assault or criminal force to a woman | Intent to outrage her modesty, or knowledge that such result is likely | One to five years and fine |
| Section 76 | Assault or criminal force to a woman, or abetment of such act | Intent to disrobe her or compel her to be naked | Three to seven years and fine |
Related Procedural and Evidence Provisions
Section 76 is also specifically included among the offences for which the Bharatiya Nagarik Suraksha Sanhita, 2023 provides special safeguards concerning recording the statement of the person against whom the offence has been committed. The Bharatiya Sakshya Adhiniyam, 2023 also contains a rule making evidence of the victim's character or previous sexual experience irrelevant to the issue of consent in prosecutions for specified sexual offences, including Section 76.
Related BNS Provisions
Section 76 sits among a group of offences against women. Section 74 deals with assault or criminal force intended to outrage modesty, Section 75 deals with sexual harassment, Section 77 with voyeurism, Section 78 with stalking, and Section 79 with words, gestures or acts intended to insult the modesty of a woman.
Commencement of the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government brought its provisions into force from July 1, 2024, except sub-section (2) of Section 106.
Official Legal Resources
- India Code - Bharatiya Nyaya Sanhita, 2023
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- India Code - Bharatiya Sakshya Adhiniyam, 2023
- Ministry of Home Affairs - New Criminal Laws
This page is intended for general legal information. For a particular case, the exact statutory text, facts, applicable procedural provisions and relevant judicial decisions should be examined together.