BNS Section 76 – Assault or use of criminal force to woman with intent to disrobe

Amit Kapoor04 mins

Section in IPC – 354B

Assault or use of criminal force to woman with intent to disrobe

Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

Key Points on BNS-76: Assault or Use of Criminal Force to Disrobe a Woman

BNS-76 addresses offenses involving physical assault or the use of criminal force against a woman with the specific intent to disrobe or compel her to be naked.

1. Acts Constituting the Offense

  • Assault or Criminal Force: This includes using physical force or threats of violence against a woman.
  • Intention to Disrobe: The offense is specifically aimed at forcing or coercing the woman to remove her clothes or to appear naked.

2. Punishments

  • Imprisonment:
    • The offense is punishable by imprisonment for a term ranging from a minimum of three years to a maximum of seven years.
    • The term of imprisonment can be either with or without hard labor, depending on the court’s discretion.
  • Fine:
    • Offenders are also liable to pay a fine in addition to imprisonment.

3. Definitions

  • Assault: Involves physical violence or the threat of physical violence directed at the woman.
  • Criminal Force: Refers to the use of force or violence that is unlawful and intended to intimidate or harm the woman.
  • Disrobing or Nakedness: The primary intent behind the act must be to forcefully remove the woman’s clothing or make her appear naked.

4. Objective

  • Protection of Dignity: The primary aim of BNS-76 is to safeguard the dignity and personal integrity of women. It seeks to punish those who use force or engage in criminal behavior to violate a woman’s modesty and bodily autonomy.

Summary

BNS-76 criminalizes the use of assault or criminal force against a woman with the intent to disrobe her or force her into nakedness. The punishment for this crime includes imprisonment ranging from three to seven years and a fine. The provision is designed to protect women’s dignity and bodily integrity by ensuring that individuals who attempt to violate a woman’s modesty through forceful actions are held accountable under the law. This offense is cognizable, non-bailable, and triable in a Court of Session.

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