Bharatiya Nyaya Sanhita: Section 76 – 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.

Simplified Explanation

Section 76 of the Bharatiya Nyaya Sanhita (BNS) addresses the offense of assault or use of criminal force with the intent to disrobe a woman. This section criminalizes actions intended to degrade, humiliate, or violate a woman’s dignity by attempting to remove or forcefully displace her clothing. Section 76 acknowledges the severe emotional and psychological harm such actions can cause and imposes stringent penalties to deter such conduct.

Key Elements of Section 76

1. Definition of the Offense
   • Section 76 applies when an individual assaults or uses criminal force against a woman with the specific intent to disrobe her.
   • The intent to disrobe, or forcibly remove a woman’s clothing, is seen as a serious offense as it violates her dignity, privacy, and personal security.
2. Acts Covered Under Section 76
   • The section covers actions that involve:
     • Physical attempts to remove or displace clothing without the woman’s consent.
     • Use of force or assault that is aimed at making the woman vulnerable or exposed against her will.
   • Any act aimed at humiliating or intimidating a woman by attempting to disrobe her is punishable under this section.
3. Intent to Disrobe
   • Intent is a crucial element in this offense. The perpetrator must have a clear intent to disrobe the woman or to force her into a state of undress against her will.
   • The law recognizes the act as an assault not only on the physical person but also on the dignity and autonomy of the woman.
4. Punishment for Offenses under Section 76
   • Section 76 prescribes imprisonment for a term that may extend to seven years.
   • Offenders may also be subject to a fine, or both imprisonment and fine, depending on the specifics of the offense.
   • The punishment reflects the seriousness of the offense and serves as a deterrent to prevent such actions that threaten women’s dignity and safety.
5. Examples of Offenses under Section 76
   • Example 1: An individual attempts to forcibly remove a woman’s veil or scarf in a public place to humiliate her. This act could be prosecuted under Section 76 as it involves an attempt to disrobe with the intent to embarrass or degrade.
   • Example 2: A person uses force to pull or tear at a woman’s clothing with the intent to expose her. Such behavior would qualify as an offense under Section 76, given the intention to disrobe and the violation of the woman’s dignity.
6. Purpose of Section 76
   • Section 76 aims to:
     • Protect women from acts of humiliation and intimidation involving attempts to disrobe, which can have lasting psychological and emotional effects.
     • Reinforce that any behavior intended to violate a woman’s dignity and bodily integrity is unacceptable and punishable by law.
     • Deter individuals from engaging in actions that threaten women’s personal security, emphasizing that such conduct carries severe consequences.
7. Upholding Women’s Right to Privacy and Dignity
   • Section 76 is based on the principle that every woman has a right to privacy, bodily integrity, and dignity. Any act aimed at forcibly disrobing a woman is considered a severe violation of these rights.
   • By criminalizing such actions, this section upholds respect for women’s autonomy and personal boundaries in all settings.

Importance of Section 76

Section 76 reinforces the legal system’s commitment to protecting women from acts that violate their dignity and personal security. It acknowledges the profound harm caused by attempts to disrobe a woman against her will and ensures that offenders are held accountable with appropriate penalties.

In summary, Section 76 of the BNS provides for imprisonment up to seven years and fines for individuals who assault or use criminal force against a woman with the intent to disrobe her, underscoring the commitment to safeguard women’s dignity, privacy, and safety.