Introduction of BNS Section 76
BNS Section 76 addresses the crime of assaulting or using criminal force against a woman with the intention of disrobing her or forcing her to be naked. This section is designed to protect the dignity and modesty of women by ensuring strict punishment for such actions.
- Introduction of BNS Section 76
- What is section 76 of BNS ?
- BNS Section 76 in Simple Points
- Section 76 BNS Overview
- BNS 76 Punishment
- BNS Section 76 Bailable or Not?
- Comparison: BNS Section 76 vs IPC Section 354B (Assault or Criminal Force to Woman with Intent to Disrobe)
- BNS Section 76 FAQs
- Conclusion
- Need Legal Support?
What is section 76 of BNS ?
Section 76 of the Bhartiya Nyaya Sanhita (BNS) deals with assaulting or using criminal force against a woman with the intent to disrobe her or make her naked. It prescribes a minimum punishment of three years of imprisonment, which can extend up to seven years, along with a fine.
Bharatiya Nyaya Sanhita Section 76
Whoever does an act which is likely to cause harm but does not have any criminal intention to cause such harm, and who takes reasonable care to avoid it, shall not be considered guilty of an offense.
Bharatiya Nyaya Sanhita (BNS), 2023.)
1. Meaning of Section 76
BNS Section 76 makes it a crime if anyone assaults a woman or uses criminal force against her with the intention of removing her clothes or forcing her to be naked.
The focus of this law is to protect the dignity, modesty, and privacy of women by punishing such degrading and humiliating acts.
2. Purpose of Section 76
The purpose of this section is:
- To stop crimes where women are humiliated by attempts to strip them of their clothes.
- To protect women’s dignity, not just their physical safety.
- To ensure strict punishment so that society understands such acts are unacceptable.
- To create fear of law and discourage offenders from committing such acts.
3. Essential Ingredients of Section 76
For Section 76 to apply, the following must be present:
- Assault or Criminal Force – Physical action or attempt to use unlawful force against a woman.
- Intention – The intention must be to disrobe (remove her clothes) or compel her to be naked.
- Victim – The act must be directed against a woman.
- Attempt is Enough – Even if the disrobing does not actually happen, the attempt itself is punishable.
4. Punishment under BNS Section 76
- Imprisonment – Minimum 3 years, may extend up to 7 years (rigorous imprisonment).
- Fine – Additional fine imposed by the court.
This strict punishment reflects the seriousness of the crime.
5. Examples of Section 76 in Action
- Example 1 – A man tries to pull off a woman’s saree in public to shame her. Even if he fails, this attempt is punishable under Section 76.
- Example 2 – A group of men surround a woman and attempt to remove her clothes during a dispute. This clearly falls under Section 76.
- Counter-Example – If a woman is harmed in a fight without any intention to disrobe her, Section 76 will not apply (though other sections may apply).
6. Importance of Section 76
BNS Section 76 is important because:
- It protects women from both physical and mental humiliation.
- It ensures that even an attempt to disrobe is treated as a serious crime.
- It makes the law stronger by prescribing a minimum punishment (3 years).
- It upholds women’s dignity as a matter of public interest and social respect.
Section 76 BNS Overview
BNS Section 76 is a provision under the Bhartiya Nyaya Sanhita that makes it illegal to assault or use criminal force against a woman with the intent to disrobe her or compel her to be naked. The law aims to safeguard the personal dignity and bodily autonomy of women by imposing strict punishments on offenders.
BNS Section 76: 10 Key Points
1. Protection of Women’s Dignity
This law is framed with the primary goal of safeguarding the dignity, modesty, and privacy of women. Forcing a woman to remove her clothes or attempting to disrobe her is not only an attack on her body but also a direct assault on her self-respect. Society often sees disrobing as a way of public humiliation, and therefore, the law strictly prohibits and punishes such acts to ensure women’s dignity remains protected at all times.
2. Criminal Force or Assault Defined
The offence under this section is triggered when criminal force is used. Criminal force means applying physical power against someone unlawfully, and with the intent to cause harm, fear, or humiliation. In this context, it refers specifically to force used with the purpose of removing a woman’s clothes or making her naked, whether partially or fully. Even an attempt to apply such force is enough for the law to take action.
3. Intent to Disrobe
The law emphasizes the intention behind the act. Even if the offender does not succeed in disrobing the woman, simply attempting to do so with that intention qualifies as an offence. This ensures that offenders cannot escape punishment by arguing that the act was not fully completed. The focus is on the mindset and purpose of the offender — if the goal is to humiliate, degrade, or strip a woman of her modesty, the law applies.
4. Punishment – Imprisonment
The punishment under this section starts with a minimum of 3 years of rigorous imprisonment. By setting a minimum term, the law ensures that offenders cannot walk away with just a symbolic or light punishment. It sends a clear message that crimes targeting women’s dignity are treated with utmost seriousness and carry heavy consequences.
5. Maximum Imprisonment Term
The court also has the power to extend the punishment up to 7 years of rigorous imprisonment, depending on the severity of the case. For example, if the offence is committed in public with the intention of maximum humiliation, or if it involves multiple offenders, the punishment is likely to be harsher. This flexibility allows judges to tailor the punishment to fit the gravity of each case.
6. Imposition of Fine
In addition to imprisonment, the offender is also liable to pay a fine. The fine acts as both an additional punishment and a form of compensation. Courts may decide the amount based on the seriousness of the act, the circumstances in which it occurred, and the impact on the victim. This dual punishment system of imprisonment plus fine ensures both penal and financial accountability.
7. Cognizable Offense
The offence is cognizable, which means that the police can register a complaint and arrest the accused without needing a warrant from a court. This is extremely important because it allows immediate action to protect the victim and prevents the offender from fleeing or repeating the crime. The cognizable status highlights the urgency and seriousness with which the law treats this offence.
8. Non-Bailable Offense
The offence is non-bailable, meaning that the accused cannot automatically secure bail as a right. Instead, they must apply to the court, and the court will grant bail only after carefully examining the facts of the case. This provision ensures that the victim’s safety is not compromised and that the accused faces strict scrutiny before being released from custody.
9. Non-Compoundable Offense
Section 76 is also classified as non-compoundable, meaning that the case cannot be withdrawn or settled privately between the victim and the offender. Once a case is filed, it must go through the full judicial process. This prevents offenders from using pressure, influence, or money to silence victims and ensures that justice is delivered in court.
10. Trial by Court of Session
Since this is a serious criminal offence, cases under Section 76 are tried in a Court of Session, which is empowered to handle grave matters. Sessions Courts are presided over by senior judges who have the authority to impose long-term imprisonment. This ensures that the case receives the seriousness, expertise, and judicial oversight it deserves.
Examples of BNS Section 76
- Example 1: A man attempts to forcibly remove a woman’s clothes in a public place with the intent to humiliate her. This act, under Section 2076, is punishable by imprisonment for a term ranging from 3 to 7 years, along with a fine.
- Example 2: A person encourages or helps another person to forcibly disrobe a woman. Even if they did not directly assault the woman, they would be guilty of abetting the act under Section 2076 and face the same punishment.
BNS 76 Punishment
Imprisonment: The law mandates a jail term of not less than three years and up to seven years for those found guilty.
Fine: In addition to imprisonment, the offender is also liable to pay a fine, further penalizing the act to deter such behavior.
BNS Section 76 Bailable or Not?
BNS Section 2076 is non-bailable, meaning the accused does not have the automatic right to be released on bail.
Comparison: BNS Section 76 vs IPC Section 354B (Assault or Criminal Force to Woman with Intent to Disrobe)
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 76 | Assaulting or using criminal force on a woman with intent to disrobe her or compel her to be naked. Protects women’s dignity and modesty. | Rigorous imprisonment of 3 to 7 years, plus fine. | Non-Bailable | Cognizable | Court of Session |
| IPC Section 354B (Old) | Assaulting or using criminal force with intent to disrobe a woman or compel her to be naked. Earlier provision before being shifted to BNS. | Rigorous imprisonment of 3 to 7 years, plus fine. (Same as BNS Section 76) | Non-Bailable | Cognizable | Court of Session |
BNS Section 76 FAQs
What does BNS Section 76 cover?
This section covers the offense of assaulting or using force against a woman with the intent to disrobe her or make her naked.
What is the minimum punishment under BNS Section 76?
The minimum punishment is three years of imprisonment.
Can someone get bail if charged under BNS Section 76?
No, it is a non-bailable offense, so bail is not easily granted.
Is the offense under Section 76 compoundable?
No, it is non-compoundable, meaning it cannot be settled out of court.
Which court handles cases under BNS Section 76?
Cases under this section are handled by the Court of Session.
Does intention matter in offenses under BNS Section 76?
Yes, the intention to disrobe or make the woman naked is essential for it to be an offense under this section.
Conclusion
BNS Section 76 is a strong legal safeguard that protects women from humiliation, assault, and forced disrobing. It makes it clear that even an attempt to disrobe a woman with the intention of shaming or violating her dignity is a serious crime. The law provides strict punishment, with imprisonment of 3 to 7 years along with a fine, showing how seriously the legal system treats such offences.
By classifying the crime as cognizable, non-bailable, and non-compoundable, the law ensures immediate police action, prevents easy bail, and stops offenders from escaping through private settlements. Cases are handled by the Court of Session, giving them the importance and attention they deserve.
In short, Section 76 not only punishes offenders but also sends a strong message that women’s dignity and personal rights are non-negotiable. It ensures justice, protection, and accountability, while reinforcing society’s commitment to respect and safeguard women at all times.
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Finished with BNS 76 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- Section 77 BNS : Voyeurism .
- https://marriagesolution.in/bns_section/section-77-bns/
- BNS Section 78 : Stalking .
- https://marriagesolution.in/bns_section/bns-section-78/
- BNS Section 79 : Word, gesture or act intended to insult the modesty of a woman .
- https://marriagesolution.in/bns_section/bns-section-79/
Of Offences Relating To Marriage
- BNS 80 : Dowry death .
- https://marriagesolution.in/bns_section/bns-80/
- BNS 81 : Cohabitation caused by a man deceitfully inducing a belief of lawful marriage .
- https://marriagesolution.in/bns_section/bns-81/
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