Bharatiya Nyaya Sanhita: Section 74 – Assault or use of 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 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.

Simplified Explanation

Section 74 of the Bharatiya Nyaya Sanhita (BNS) addresses the offense of assault or the use of criminal force against a woman with the intent to outrage her modesty. This section criminalizes actions that involve unwanted physical advances, gestures, or any act intended to insult, intimidate, or degrade a woman’s dignity and personal integrity.

Key Elements of Section 74

1. Definition of the Offense
   • Section 74 applies when:
     • An individual assaults or uses criminal force against a woman with the specific intent to outrage her modesty.
     • The actions may include unwelcome physical contact, offensive gestures, or any form of force intended to demean or humiliate the woman.
   • The term “modesty” refers to a woman’s dignity, and this section is designed to protect her right to respect and personal safety.
2. Acts Covered Under Section 74
   • Section 74 covers various actions that may qualify as an assault or use of force aimed at outraging a woman’s modesty, including:
     • Unwelcome physical contact or attempts to touch the woman inappropriately.
     • Physical advances with the intent to intimidate, harass, or demean her.
     • Actions or gestures intended to offend or disrespect her dignity.
   • This section protects women from any form of physical or implied threat or behavior that intrudes on their sense of personal integrity.
3. Intent to Outrage Modesty
   • Intent is a crucial component of this offense. It must be shown that the offender’s actions were intended to violate the woman’s modesty.
   • The law recognizes that an act aimed at insulting, intimidating, or demeaning a woman’s dignity, regardless of whether actual harm is caused, constitutes an offense.
4. Punishment for Offenses under Section 74
   • The punishment for assaulting or using criminal force with the intent to outrage a woman’s modesty under Section 74 includes:
     • Imprisonment for a term that may extend to five years.
     • A fine, or both imprisonment and fine, depending on the severity of the offense.
   • This punishment reflects the law’s commitment to protecting women’s dignity and deterring actions intended to harass or intimidate them.
5. Examples of Offenses under Section 74
   • Example 1: A person makes unwelcome physical advances toward a woman in a public space, intending to intimidate or harass her. Under Section 74, this could be considered an attempt to outrage her modesty.
   • Example 2: An individual uses force to restrain a woman while making offensive remarks intended to demean her. This act may qualify as an offense under Section 74 due to the intent to degrade her dignity.
6. Purpose of Section 74
   • The primary purpose of Section 74 is to:
     • Protect women from harassment and unwelcome advances that threaten their sense of safety and personal integrity.
     • Reinforce that all individuals have the right to be free from harassment and intimidation and that any behavior violating this right is punishable.
     • Act as a deterrent against behavior that demeans or intimidates women, promoting respect and safety in public and private spaces.
7. Upholding Women’s Right to Dignity and Respect
   • Section 74 underscores the importance of maintaining dignity, respect, and equality in society, especially regarding women’s personal safety.
   • By criminalizing acts intended to outrage modesty, this section seeks to foster an environment where women feel safe and respected in all settings.

Importance of Section 74

Section 74 reinforces the commitment to upholding women’s rights to dignity, safety, and respect. By defining and penalizing actions that involve assault or criminal force with the intent to violate a woman’s modesty, this section promotes accountability for behavior that threatens the well-being of women and ensures that offenders face appropriate consequences.

In summary, Section 74 of the BNS imposes penalties, including imprisonment up to five years and fines, for assault or use of criminal force against a woman with the intent to outrage her modesty. This section supports women’s right to personal integrity and aims to deter any behavior that threatens their dignity or safety.