Section 74 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 74 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of assault or use of criminal force against a woman with the intent to outrage her modesty. This provision is a significant part of India's legal framework aimed at protecting women's dignity and personal integrity.
๐ Text of Section 74
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.
โ๏ธ Key Elements of the Offense
Assault or Use of Criminal Force: The act involves physical assault or the use of criminal force against a woman.
Intent or Knowledge: The perpetrator must have the intention to outrage the woman's modesty or must know that his actions are likely to outrage her modesty.
Punishment: The offense is punishable with imprisonment for a term not less than one year but which may extend to five years, and the offender shall also be liable to a fine.
๐งพ Comparison with Indian Penal Code (IPC)
Section 74 of the BNS, 2023 is similar to Section 354 of the Indian Penal Code (IPC), 1860, which deals with assault or criminal force to a woman with intent to outrage her modesty. Both sections aim to protect women's dignity and personal integrity.
๐งญ Importance of Section 74
Protection of Women's Dignity: This section underscores the legal commitment to safeguarding women's modesty and dignity.
Legal Recourse: It provides a clear legal provision under which victims can seek justice and perpetrators can be held accountable.
Alignment with International Standards: The provision aligns with international human rights standards that advocate for the protection of women from violence and discrimination.
๐ Gender-Neutral Language
Notably, the BNS, 2023 employs gender-neutral language in offenses related to outraging the modesty of individuals. The term 'whoever' is used, making the provision applicable to all genders, including women and transgender persons. This approach reflects a progressive step towards inclusive legal language and ensures that all individuals are equally protected under the law.
๐งญ Summary
Section 74 of the BNS, 2023 is a crucial legal provision aimed at protecting individuals, particularly women, from acts that assault or use criminal force to outrage their modesty. By aligning with international human rights standards and employing gender-neutral language, it reflects India's commitment to safeguarding personal dignity and promoting equality.
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