Code: Section 74 BNS
Whoever assaults or uses criminal force to any woman, intending to outrage or
knowing it to be likely that he will thereby 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.
Explanation of Section 74 BNS
1. Purpose of Section 74 BNS
This provision aims to protect the dignity and modesty of women by penalizing those who engage in acts of physical assault or criminal force with the intent to violate their modesty.
2. Essential Ingredients of the Offence
For an act to be punishable under Section 74 BNS, the following elements must be present:
- Assault or use of criminal force – There must be some form of physical contact or forceful act.
- Against a woman – The victim must be a female.
- Intent or knowledge – The accused must have the intention to outrage modesty or be aware that his act is likely to do so.
3. Punishment for Outraging Modesty of a Woman
- Imprisonment – Up to three years.
- Fine – Amount decided by the court.
4. What is “Modesty” in Legal Terms?
The term “modesty” has been interpreted by courts as a woman’s sense of dignity, honor, and sexual integrity. Any act that violates this is punishable under Section 74 BNS.
Related Legal Provisions
- Section 63 BNS – Rape
- Section 64 BNS – Punishment for Rape
- Section 70 BNS – Gang Rape
- Section 75 BNS – Sexual Harassment
Illustrations
Example 1: Unwanted Touching in a Public Place
A man forcibly grabs a woman’s hand at a public place with an intention to harass or demean her. This is punishable under Section 74 BNS.
Example 2: Attempting to Disrobe a Woman
A man tries to pull a woman’s scarf or saree in a way that violates her modesty. This act is punishable under Section 74 BNS.
Example 3: Making Physical Advances Without Consent
If a person forcefully tries to hug or touch a woman inappropriately, knowing it may outrage her modesty, he is liable under Section 74 BNS.
Landmark Judgments on Outraging Modesty
1. State of Punjab v. Major Singh (1967 AIR 63)
In this case, the Supreme Court of India held that modesty is a woman’s attribute and any act intending to outrage modesty is punishable.
2. Rupan Deol Bajaj v. KPS Gill (1995 AIR 309)
The court ruled that inappropriate physical gestures or force used with intent to outrage modesty are punishable under this section.
Common Questions & Answers
1. Is verbal abuse covered under Section 74 BNS?
No, Section 74 BNS applies only to physical acts. However, verbal sexual harassment may be punishable under Section 75 BNS – Sexual Harassment.
2. Can a woman file a case if she is touched inappropriately in public?
Yes, any form of physical contact made with the intent to outrage modesty is punishable under Section 74 BNS.
3. What is the difference between Section 74 BNS and Section 75 BNS?
- Section 74 BNS deals with physical assault or use of criminal force.
- Section 75 BNS covers verbal and non-physical acts of sexual harassment.
4. Can a man be punished for merely making a sexual gesture?
If a sexual gesture is accompanied by physical assault or force, then Section 74 BNS applies. Otherwise, it may fall under Section 75 BNS – Sexual Harassment.
Conclusion
Section 74 BNS plays a crucial role in safeguarding women’s dignity by penalizing acts of assault and criminal force with an intention to outrage modesty. It ensures that women have legal protection against such offenses and that offenders face strict punishment.
For more legal updates, visit ApniLaw.
