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

Amit Kapoor05 mins

Section in IPC – 354

Assault or 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 there by 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.

Example:
Vijay, intending to outrage a woman’s modesty, physically assaults her and hurls abuses at her in a market area. He is arrested under this S. 74 and is sentenced to 3 years jail time, along with fine. 

Key Points on BNS-74: Assault or Use of Criminal Force Against a Woman with Intent to Outrage Her Modesty

BNS-74 addresses the criminal offense related to assault or use of criminal force against a woman with the specific intent to outrage her modesty.

1. Offense Definition

  • Assault or Criminal Force: This involves any physical attack or the use of force directed towards a woman. The action must be intended to outrage or have the potential to outrage her modesty.
  • Outrage of Modesty: Refers to actions or behaviors intended to violate, disrespect, or degrade the woman’s sense of personal dignity or modesty. This typically involves acts that are intrusive or inappropriate, making the victim feel humiliated or dishonored.

2. Punishment

  • Imprisonment:
    • The offender faces imprisonment for a term of not less than one year, which may extend to five years.
  • Fine:
    • In addition to imprisonment, the offender may also be liable to pay a fine, though the exact amount is not specified and will be determined based on the case.

3. Intent Requirement

  • The offense requires that the assailant either:
    • Intends to outrage the woman’s modesty, or
    • Knows that their actions are likely to outrage her modesty.
  • This subjective intent or knowledge is crucial in establishing the crime. It must be proven that the act was not accidental but specifically aimed at violating the victim’s dignity.

4. Objective

  • Protection of Modesty: BNS-74 is designed to protect the dignity and personal integrity of women. It ensures that any physical act intended to disrespect or violate a woman’s modesty is met with appropriate legal consequences.

Summary

BNS-74 criminalizes the assault or use of force against a woman with the intent to outrage her modesty. The punishment for this offense includes imprisonment for a term of one to five years, along with the possibility of a fine. The key element in this provision is the intent or knowledge that the act will likely violate the woman’s dignity. This section is designed to safeguard women’s dignity and ensure that any act aimed at disrespecting their modesty is penalized.

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