BNS Section 76: Assault or Use of Criminal Force to Woman With Intent to Disrobe
Section 76 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of assault or use of criminal force against a woman with the intent to disrobe her, criminalising actions aimed at outraging a woman’s modesty by forcibly attempting to remove her clothing. It serves as a deterrent against such acts, reinforcing the commitment to creating a safe and respectful environment for women in society.
Definition of BNS Section 76
Section 76 of the BNS 2023 States:
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.
Explanation and Illustration of Section 76 (Bharatiya Nyaya Sanhita, 2023)
Here’s a brief explanation and illustration to better understand the scope of this section.
- Assault: Any act that causes a woman to fear physical harm, even without actual physical contact
- Criminal Force: The intentional use of physical force without the woman’s consent, intending to harm, intimidate, or violate her dignity
- The act must be committed with the intent to disrobe or force the woman to be naked. This includes acts aimed at humiliating or degrading a woman by removing her clothing.
- Abetment: A person who encourages, instigates, or assists someone in committing such an act is equally guilty under this provision
- Punishment: Imprisonment of Minimum 3 years (mandatory) and Maximum 7 years. The offender must also pay a monetary penalty.
Examples:
Direct Assault:
Abetment:
Coercion:
Key Points of BNS Section 76
Actions That Constitute Sexual Harassment:
Penalties for Various Offenses:
Definitions:
Purpose:
Differences Between Section 76 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 76 and its equivalent Indian penal code IPC section 354B 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 |
|---|---|---|---|
| 76 | Assault or use of criminal force to woman with intent disrobe. | 354B | Words 'Any man who' is replaced by 'Whoever'. |
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FAQs about Section 76 of the Bharatiya Nyaya Sanhita (BNS)
Does intent play a significant role under Section 76?
Yes, intent is a crucial element. The prosecution must prove that the offender acted with the deliberate intent to disrobe the woman and violate her dignity, even if the act was not completed.
Who can be charged under Section 76?
Any individual who commits or attempts the act, regardless of gender or relationship with the victim, can be charged under this section, provided the intent to disrobe the woman is evident.
Is Section 76 applicable if the act was not completed?
Yes, even an attempt to disrobe a woman with criminal intent falls under Section 76. The law focuses on the intent and action, whether or not the act was successful.
What kind of evidence is required under Section 76?
Evidence may include eyewitness accounts, victim statements, video recordings, or forensic evidence that proves the intent and act of assault or criminal force aimed at disrobing the woman.
Can consent be a defense under Section 76?
Consent from the woman would negate the charge, as the section specifically criminalises acts performed against her will and with the intent to harm her dignity.
How does Section 76 protect women’s dignity?
By criminalising attempts to disrobe a woman, Section 76 acts as a deterrent, affirming the legal system’s commitment to protecting women’s rights and upholding their sense of security and dignity.
Does this section cover public and private settings?
Yes, Section 76 applies to offenses committed in any setting, whether public or private. The location of the offense does not diminish the seriousness of the act.
