Introduction of Section 74 BNS
BNS Section 74 is a legal provision aimed at protecting women from acts of assault or the use of criminal force intended to outrage their modesty. This section establishes strict penalties for anyone who commits such offenses, underscoring the importance of safeguarding the dignity and respect of women in society.
- Introduction of Section 74 BNS
- What is section 74 of BNS ?
- BNS Section 74 in Simple Points
- Section 74 BNS Overview
- BNS 74 Punishment
- BNS 74 bailable or not ?
- Bharatiya Nyaya Sanhita Section 74
- BNS Section 74 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 74 of BNS ?
BNS Section 74 of the Bharatiya Nyaya Sanhita addresses the crime of assault or the use of criminal force against a woman with the intent to outrage her modesty. It specifies that anyone found guilty of this crime will face imprisonment for a term not less than one year and possibly extending to five years, along with a fine. The law emphasizes the need to protect women from such harmful and disrespectful actions.
BNS Section 74 in Simple Points
This law is designed to protect women from any act that insults or disrespects their dignity. It sends a strong message that attempts to humiliate or harm women through words, gestures, or actions will not be tolerated.
Protecting Women
The core aim of this law is to ensure that women are safeguarded from acts that insult, demean, or violate their sense of dignity. It recognizes that protecting respect and safety is as important as protecting physical well-being.
Jail Time
Anyone found guilty of this offence can face imprisonment starting from one year, and in more serious cases, the punishment can extend up to five years. This ensures that offenders face strict consequences for their actions.
Paying a Fine
In addition to imprisonment, the guilty person must also pay a fine, the amount of which is decided by the judge. This adds an extra penalty and further emphasizes the seriousness of the crime.
Serious Crime
The law treats this offence as serious. This means the police can arrest the accused without needing a warrant from a judge. Such classification ensures swift action and immediate protection for the victim.
No Easy Bail
This crime is non-bailable, which means bail is not automatically granted. The accused must apply to the court for bail, and it is up to the court to decide whether to release them, making the law stricter and more protective of women’s rights.
Section 74 BNS Overview
BNS Section 74 defines the crime of assault or the use of criminal force against a woman with the intention of outraging her modesty. This offense is punishable by imprisonment for a term of not less than one year but which may extend to five years, along with a fine.
BNS Section 2074 – 10 Key Points Explained in Detail
- Protection of Women’s Dignity:
- This section focuses on safeguarding the dignity and modesty of women. It criminalizes any form of assault or use of force intended to outrage a woman’s modesty, ensuring their protection under the law.
- Imprisonment:
- The law mandates a minimum imprisonment of one year for those convicted under this section. This term can be extended up to five years, depending on the severity and circumstances of the crime.
- Fine as Additional Punishment:
- In addition to imprisonment, the offender is also required to pay a fine. The exact amount of the fine is determined by the court based on the details of the case.
- Cognizable Offense:
- BNS Section 74 classifies the offense as cognizable, meaning the police have the authority to arrest the accused without a warrant. This reflects the seriousness of the crime and allows for swift legal action.
- Non-Bailable Offense:
- The offense under this section is non-bailable, which means the accused does not have the right to bail automatically. The court must decide whether to grant bail based on the specifics of the case.
- Non-Compoundable Nature:
- Offenses under BNS Section 74 are non-compoundable, meaning they cannot be settled between the victim and the offender outside of court. This ensures that justice is pursued through legal channels.
- Intent to Outrage Modesty:
- The section specifically targets actions where the offender either intends to outrage or knows that their actions are likely to outrage the modesty of a woman. The focus is on the intent behind the act.
- Broad Application:
- The section applies to any woman who is subjected to assault or criminal force with the intent to outrage her modesty, regardless of her background or the circumstances in which the offense occurred.
- Judicial Oversight:
- The trial for offenses under BNS Section 74 is conducted by a magistrate, ensuring that the case is handled with proper judicial scrutiny.
- Societal Impact:
- This section plays a crucial role in deterring disrespectful and harmful behavior towards women, promoting a culture of respect and safety for women in society.
BNS Section 74 – 2 Examples
- Example 1:
- A man, intending to outrage a woman’s modesty, physically assaults her in a public place. He is arrested and charged under BNS Section 74. The court convicts him and sentences him to three years of imprisonment along with a fine.
- Example 2:
- A group of individuals harasses a woman, using criminal force to intimidate her. Their actions clearly aim to insult her modesty. They are arrested, and upon conviction under BNS Section 74, they receive varying terms of imprisonment based on their roles in the crime, along with fines.
BNS 74 Punishment
- Imprisonment: The punishment includes a mandatory imprisonment term of at least one year, which can be extended up to five years, depending on the severity of the crime.
- Fine: Alongside imprisonment, the offender is also required to pay a fine, the amount of which is determined by the court based on the circumstances of the case.
BNS 74 bailable or not ?
BNS Section 74 is a non-bailable offense. This means that the accused does not have the right to bail automatically and must apply to the court for bail, which may or may not be granted depending on the case’s specifics.
Bharatiya Nyaya Sanhita Section 74
| Section Number | Offense Description | Imprisonment | Fine | Cognizable | Bailable | Triable By |
|---|---|---|---|---|---|---|
| BNS Section 74 | Assault or use of criminal force with intent to outrage a woman’s modesty | Minimum 1 year, up to 5 years | Yes | Yes | No | Any Magistrate |
BNS Section 74 FAQs
What is the purpose of BNS Section 74?
It is designed to protect women from actions intended to outrage their modesty, such as assault or the use of criminal force.
What is the minimum punishment under BNS Section 74?
The minimum punishment is one year of imprisonment.
Can the police arrest someone without a warrant for this offense?
Yes, since the offense is cognizable, police can arrest the accused without a warrant.
Is BNS Section 74 bailable?
No, it is a non-bailable offense, meaning the accused must apply to the court for bail.
What additional punishment, besides imprisonment, does BNS Section 74 impose?
The offender is also liable to pay a fine.
Who handles the trial for an offense under BNS Section 74?
The trial is conducted by any magistrate.
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