Section 74 of the Bharatiya Nyaya Sanhita (BNS) addresses offenses involving assault or the use of criminal force against women with the intent to outrage their modesty . The purpose of the provision is to protect the dignity and personal integrity of a woman by penalizing such kinds of actions . This article provides an in-depth analysis of Section 74 BNS, including its exact wording, interpretation, essential elements, nature and scope, comparison with the corresponding section in the Indian Penal Code (IPC), judicial interpretations, landmark cases, and its overall impact. Explore other important Judiciary Notes.

Download 5 Key take aways on Section 74 BNS PDF

Section 74 of BNS : Introduction

The protection of dignity of a woman has been a cornerstone of Indian criminal law . The Bharatiya Nyaya Sanhita (BNS) enacted to modernize and consolidate criminal statutes continues this commitment through provisions like Section 74 . The section specifically targets acts of assault or criminal force intended to violate a woman's modesty for legal recourse and deterrence against such offenses.

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." 

Note: "The information provided 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" 

Section 74 of BNS : Simplified Interpretation

Section 74 criminalizes any act where an individual assaults or applies criminal force to a woman with the intent, or knowledge of the likelihood, of outraging her modesty. Key aspects include:

• Assault or Criminal Force: Any unwarranted physical contact or use of force against a woman.
• Intent or Knowledge : The perpetrator's deliberate intention or awareness that their actions are likely to violate the woman's sense of modesty .
• Punishment : A minimum imprisonment of one year extendable up to five years along with a potential fine .

The provision seeks to uphold women's rights to personal safety and dignity by imposing stringent penalties on offenders.

To establish an offense under Section 74, the following elements must be proven:

• Assault or Use of Criminal Force: Demonstrable physical action directed at a woman.
• Intentionality: Clear intent or knowledge that the act is likely to outrage the woman's modesty.
• Target: The victim must be a woman.

All these components are necessary to substantiate charges under this section.

Section 74 of BNS : Nature and Scope

Section 74 is classified as a cognizable and non-bailable offense meaning law enforcement can arrest the accused without a warrant and bail is not a right but subject to judicial discretion. The case is triable by any magistrate, providing flexibility in judicial proceedings. 

The scope of the section is broad encompassing various forms of physical misconduct against women that are intended to violate their modesty . It serves as a deterrent against gender based violence and upholds constitutional rights of women to equality and personal liberty.

Comparison with IPC Section

Section 74 of the BNS corresponds to Section 354 of the Indian Penal Code (IPC). The table below outlines the key differences:

The BNS enhances the punitive measures to underscore the gravity of offenses against women's modesty. 

Section 74 of BNS : Judicial Interpretation

Judicial bodies have consistently interpreted provisions related to outraging a woman's modesty with a focus on intent and the nature of the act. Courts examine the context, conduct of the accused and the impact on the victim to determine culpability. The emphasis is on safeguarding women's dignity and deterring potential offenders through stringent interpretation and application of the law.

Section 74 of BNS : Landmark Cases

Several landmark judgments have shaped the enforcement of laws pertaining to outraging a woman's modesty :

• State of Punjab v Major Singh (1967) : The Supreme Court elaborated on the concept of modesty stating it is an attribute associated with female human beings, irrespective of age.
• Rupan Deol Bajaj v. K.P.S. Gill (1995): The Court held that any act intended to outrage a woman's modesty, judged from the perspective of a reasonable woman, constitutes an offense under this provision.
• Ramkripal s/o Shyamlal Charmakar v. State of Madhya Pradesh (2007): Reiterated that the essence of a woman's modesty is her sex, and any act against a woman that is derogatory to her dignity amounts to outraging her modesty.
• Yedla Srinivasa Rao v State of Andhra Pradesh (2006) :
• The Court observed that even minimal physical contact when accompanied by intent or knowledge of causing offense to a woman’s dignity, qualifies under laws equivalent to Section 74 BNS. The focus was on the effect of the act rather than the severity of the force used.

These cases clarify how courts have interpreted modesty and intent making them critical references for applying Section 74 BNS in IPC and BNS framework.

Section 74 of BNS : Impact

Section 74 BNS strengthens legal measures against gender-based crimes in several ways :

• Increased Minimum Punishment : While IPC Section 354 allowed imprisonment for up to two years whereas Section 74 BNS punishment starts with a minimum of one year and can extend up to five years, reflecting a stricter approach .
• Focus on Women’s Dignity : The law recognizes the psychological and emotional trauma caused by unwanted advances or assault, and aims to offer quicker legal relief to victims .
• Wider Awareness and Applicability : With clearer guidelines and bolder punishments it empowers women to report such crimes confidently and serves as a warning to potential offenders.
• Special Protection to Women: Especially in workplaces, public spaces, or institutions, Section 74 BNS reinforces that even non-sexual, physical aggression intended to intimidate or humiliate is not tolerable.

The provision's clarity and direct wording make it easier for law enforcement and judiciary to act swiftly and justly, especially under questions like is Section 74 BNS bailable or not and triable by which court—answering both as non-bailable and triable by any magistrate, respectively.

Conclusion

Section 74 of the Bharatiya Nyaya Sanhita, 2023 is a crucial development in legal structure of India for protecting women. The provision is a modern replacement for IPC Section 354 and continues to uphold the core principle of safeguarding a woman's modesty. However, Section 74 BNS goes further by enhancing deterrence through stricter punishments and a more precise legal structure. The offense under Section 74 BNS is non-bailable and cognizable meaning police can arrest without a warrant, and bail is not a right. Section 74 BNS punishment includes imprisonment ranging from 1 to 5 years, along with a fine. As for jurisdiction, Section 74 BNS is triable by any Magistrate, ensuring broader access to justice . The section embodies India's constitutional values by promoting dignity, equality and safety for women. In doing so Section 74 BNS reflects a firm and forward-looking stand against crimes that aim to outrage a woman’s modesty setting a stronger legal precedent in India’s criminal justice system.