BNS Section 74: Assault or Use of Criminal Force to Woman With Intent to Outrage Her Modesty
Section 74 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. This section addresses the offense of assault or use of criminal force against a woman with the intent to outrage her modesty. It outlines the legal framework for penalizing actions that are intended to violate a woman's dignity or cause harm to her sense of personal security.
Definition of BNS Section 74
Section 74 of the Bharatiya nyaya sanhitha BNS 2023 States:
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.
Explanation and Illustration of Section 74 (Bharatiya Nyaya Sanhita, 2023)
This legal provision pertains to assault or criminal force used against a woman with the intention of outraging her modesty. Here's a detailed explanation:
Key Explanation under the Provision:
- Assault: Any act that creates an apprehension of physical harm to a woman, even without actual contact.
- Criminal Force: The intentional use of force without the woman's consent, aimed at causing harm or fear.
- To Any Woman: This provision specifically safeguards women against acts that demean or violate their dignity.
- Intending to Outrage Her Modesty: The offender must have a deliberate intention to insult or violate the woman’s modesty.
- Knowing It to Be Likely: Even if the offender does not have direct intent, but knows their actions are likely to outrage her modesty, they are held accountable.
- Punishment: Imprisonment with Minimum of 1 year (mandatory) and Maximum of 5 years (depending on the severity of the crime). The offender is also liable to pay a monetary penalty.
- Outraging Modesty: Courts interpret this as any act that is indecent, offensive, or humiliating to a woman, considering societal norms and the circumstances of the case.
- Mandatory Minimum Punishment: The minimum imprisonment of one year ensures that this crime is not trivialized.
- Examples:
- Direct Assault: Groping or attempting to disrobe a woman with malicious intent.
- Non-Physical Acts: Persistent harassment or intimidating gestures intended to demean a woman.
Key Points of Section 74 of BNS
Offense Definition:
Differences Between Section 74 of BNS 2023 and its equivalent IPC Section 354
This section outlines the key differences between Section 74 and its equivalent Indian penal code IPC section 354 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 74 | Assault or use of criminal force to woman with intent to outrage her modesty. | 354 | No change |
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FAQs about Section 74 of the Bharatiya Nyaya Sanhita (BNS)
How is intent proven in cases under Section 74?
Intent is assessed based on evidence, including the accused’s actions, statements, and circumstances surrounding the incident. Courts evaluate whether the act was deliberately aimed at outraging the woman’s modesty.
Is consent a defense under Section 74?
Consent from the victim negates the offense, as the section specifically targets acts performed without a woman’s permission and aimed at degrading her modesty. Lack of consent is a key element in such cases.
Can women file complaints under this section immediately?
Yes, women can report incidents under Section 74 promptly. The law encourages victims to seek immediate legal recourse to ensure swift justice and prevent further harm.
Are there exceptions to this section?
Section 74 does not apply to acts that are consensual or those that lack intent to outrage modesty. Each case is evaluated individually to ensure the provision is not misused.
How does Section 74 protect women in public spaces?
By criminalizing actions like inappropriate gestures or physical advances, Section 74 acts as a deterrent against harassment in public places, contributing to the safety and dignity of women.
What role does evidence play in Section 74 cases?
Evidence, including witness testimonies, video recordings, or medical reports, is crucial in proving the occurrence of the offense and the intent behind it, ensuring a fair trial.
Is Section 74 a bailable offense?
The bailable nature of offenses under Section 74 depends on the specific circumstances and the severity of the act. Courts assess the context to determine bail eligibility.
