Section 76 BNS (Bharatiya Nyaya Sanhita): Assault or use of criminal force

Section 76 BNS addresses the offense of assaulting a woman or using criminal force against her with the specific intention of undressing her or compelling her to be naked. This provision stipulates a punishment of imprisonment for a minimum term of three years, which can be extended up to seven years, and also includes liability for a fine. Under Section 76 BNS, the offence is classified as cognizable, non-bailable. The trial for this offence will be conducted by a Court of Session. Explore other important Judiciary Notes.

Section 76 BNS: Assault or Use of Criminal Force to Women 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.

Note: “The information provided on Section 76 BNS above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.” 

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Section 76 BNS makes it a crime to assault or use criminal force against a woman with the specific aim of taking her clothes off or making her naked. Section 76 of BNS, acknowledges that such actions violate a woman's sense of dignity and modesty. The section also includes those who help, encourage, or abet such acts, even if they are not the ones directly committing the offence and thereby increasing the scope of culpability. Section 76 of Bharatiya Nyaya Sanhita acts as a deterrent against aggressive sexual acts towards women. 

Section 76 BNS Essential Ingredients

Section 76 BNS lays down the legal framework for the offence of assault or use of criminal force to women with intent to disrobe. Below are the essential elements that constitute an offence under Section 76 Bharatiya Nyaya Sanhita 2023:

• Use of Assault or Criminal Force:

To attract Section 76 BNS, there must be an act involving assault or the use of criminal force.This means that the accused must have either physically attacked the woman or used force in a threatening or overpowering manner. The act under section 76 BNS must be intentional and not accidental.

• The Victim is a Woman:

The section 76 BNS, only protects women therefore the victim has to be a female thereby making this section is gender-specific and aims to safeguard the dignity and modesty of women only, however, now unlike Indian Penal Code, the aggressor does not have to be a man only it can be anyone.

• Intent to Disrobe:

Under Section 76 BNS, intention of disrobing the woman or forcing her to be naked is a must for applying culpability under this section. It is not enough that force was used there has to be a clear purpose behind that act must be to strip her of her clothing or expose her body. 

• Involvement Through Abetment:

Even if a person does not commit the act, they can still be held liable if they abetted or encouraged the offence under section 76 BNS.

• Punishment Prescribed:

The minimum imprisonment under section 76 BNS, is three years and it may extend up to seven years plus fine. The offence under section 76 of BNS is both cognizable, non-bailable.

Section 76 BNS is essentially a modernized version of Section 354-B IPC, retaining the core legal principles. The opening line of Section 354 (B) IPC starts with, ‘Any many’ which is different from the first word of section 76 BNS, that is, ‘Whoever’. This one change makes the provision gender neutral but the victim still has to be a female. The punishments remain identical.

Section 76 BNS Judicial Interpretation

Judicial interpretation of Section 76 BNS by Indian courts has been crucial in determining the ambit and scope of essential elements of section 76 of BNS, mentioned hereinafter are some of the landmark judgments on section 76 of Bharatiya Nyaya Sanhita :

1. Nature of the Offence

The Rajasthan High Court in State of Rajasthan v. Babu Lal, 2019 dealt with an incident where the accused allegedly attempted to forcibly strip a woman during a dispute. The court highlighted that any act involving the use of force with the aim to strip a woman of her clothes strikes at the core of Section 76 BNS. The court pointed out that Section 354B of IPC, is both non-bailable and cognizable. The Court also clarified that it is not necessary for the act to be completed, even an attempt to disrobe, is enough to constitute the offence under section 76 BNS. 

2. Actual Disrobing Not Required

The High Court of Punjab and Haryana was faced with a Rajesh v. State of Haryana, 2015 case where a man grabbed a woman and tried to undress her. Though he did not succeed, the court held that the mere attempt, when done with intent and force, fits within Section 354B IPC now under Section 76 BNS. This case made it clear that physical removal of clothes is not necessary to apply section 76 of BNS. What matters is the accused’s intention and their actions aimed at disrobing.

3. Abetment Also Covered

Dinesh v. State of Rajasthan, 2016 case involved multiple people who were part of an attempt to strip a woman of her clothes in a public setting. One restrained her while another tried to undress her. The defence tried to argue that only the person who physically touched her should be held accountable under section 76 BNS. The court firmly disagreed, holding that abetment, whether by encouraging, helping, or facilitating the act, carries equal liability. So, even if someone didn’t directly touch the victim, if they were complicit in the act, they are guilty under Section 354B IPC now under section 76 BNS.

4. Criminal Intention (Mens Rea)

In Bharat v. State of Madhya Pradesh 2022 the allegation was that the accused pulled at a woman’s dupatta and passed lewd comments. However, the evidence didn’t show any clear intent to undress or expose her body. The Madhya Pradesh High Court analyzed whether the act fell under the ambit of section Section 354B IPC now under 76 BNS.

The court ruled that unless the prosecution can prove a specific intent to disrobe, the case would not fall under Section 354B IPC now under 76 of BNS.

Conclusion

Section 76 BNS addresses a grave and deeply humiliating form of violence against women, the act of forcibly attempting to disrobe them. Section 76 of BNS reflects the legislature's strong commitment to protecting the dignity, modesty, and bodily autonomy of women. By criminalizing the attempt to disrobe, Section 76 BNS ensures that intent and use of force are enough to trigger culpability, regardless of whether the act was completed.