Section 74 BNS : Assault or criminal force to woman with intent to outrage her modesty.

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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.

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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.

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BNS Section 74 in Simple Points

When a person assaults or uses criminal force against a woman with the intent to outrage her modesty, or knowing it is likely to do so, such act is treated as a serious offence under law. The offence is punishable with imprisonment for not less than one year, which may extend to five years, along with fine.

(This provision corresponds to IPC Section 354, updated under the Bharatiya Nyaya Sanhita (BNS), 2023.)

1. Meaning of Section 74

BNS Section 74 criminalises any act of assault or use of criminal force directed at a woman with the intent to insult or outrage her modesty.
The section covers actions such as physical advances, indecent touch, or any forceful act meant to humiliate a woman’s dignity. The focus is not only on physical harm but also on the intention and effect on the woman’s modesty.

2. Purpose of Section 74

The objectives of this section are:

• Protect dignity of women – Ensuring women are safeguarded from humiliating and degrading behaviour.
• Deterrence – Strict punishment to discourage such offences in society.
• Empowerment – Giving women legal recourse to challenge indecent assault.
• Recognition of mental harm – Protecting women from not only physical injury but also emotional and psychological trauma caused by such acts.

3. Essential Ingredients of Section 74

For an act to fall under this section, these conditions must be satisfied:

1. Assault or criminal force must be used against a woman.
2. The act must be done with intent to outrage her modesty, or the offender must know it is likely to have that effect.
3. The victim must be a woman, regardless of age, relationship, or circumstances.
4. The action must be intentional, not accidental or without awareness.

4. Punishment under BNS Section 74

• Imprisonment: Minimum 1 year, which may extend to 5 years.
• Fine: Offender is also liable to pay a fine.
• Cognizable: Police may arrest without warrant.
• Non-bailable: Bail is not a matter of right; it depends on court discretion.
• Triable by: Any Magistrate.

5. Examples of Section 74 in Action

• Example 1: A man deliberately gropes a woman in a crowded bus, intending to insult her modesty. This falls under Section 74.
• Example 2: A person physically restrains a woman and makes indecent advances against her will. He can be punished under this section.
• Counter-Example: An accidental physical contact in a crowded marketplace, without intent or knowledge, does not attract Section 74.
• Counter-Example: A quarrel where a man pushes a woman to escape, without intention of outraging modesty, may fall under simple assault but not Section 74.

6. Importance of Section 74

BNS Section 74 is significant because:

• It protects women from offences that directly attack their dignity and modesty.
• It ensures strong punishment, reinforcing the seriousness of the crime.
• It plays a crucial role in preventing harassment, assault, and gender-based violence.
• By updating IPC Section 354 into the BNS, the law modernises protection mechanisms while strengthening women’s safety and legal rights.

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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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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

1. 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.
2. 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.

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BNS 74 Punishment

1. 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.
2. 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.

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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.

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Comparison: BNS Section 74 vs IPC Section 354

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BNS Section 74 FAQs

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Conclusion

BNS Section 74 plays a crucial role in safeguarding women’s dignity and ensuring justice in cases of assault or force intended to outrage modesty. By prescribing strict punishment, making the offence cognizable and non-bailable, and removing scope for compromise, this section strengthens women’s legal protection in India. It sends a strong message that any attempt to insult or degrade a woman will face serious consequences under the Bharatiya Nyaya Sanhita, 2023.

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Finished with BNS 74 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS Section 75 : Sexual harassment and punishment for sexual harassment .
• https://marriagesolution.in/bns_section/bns-section-75/
• BNS Section 76 : Assault or use of criminal force to woman with intent to disrobe .
• https://marriagesolution.in/bns_section/bns-section-76/
• 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/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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