Section 74 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 74 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offense of assault or the use of criminal force against a woman with the intent to outrage or knowing it to be likely that the woman's modesty will be outraged.
๐ Text of Section 74
"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 Legal Implications
This provision criminalizes acts where an individual assaults or uses criminal force against a woman with the specific intent to outrage her modesty or with knowledge that such an act is likely to have that effect. The law emphasizes the protection of a woman's dignity and personal integrity.
๐ Key Elements of the Offense
Assault or Use of Criminal Force: The act involves physical contact or force directed towards the woman
Intent or Knowledge: The perpetrator must have the intention to outrage the woman's modesty or must know that their actions are likely to do so.
Punishment: The offense is punishable with imprisonment for a term not less than one year, which may extend to five years, and the individual shall also be liable to a fine.
โ๏ธ Comparison with IPC Section 354
Section 74 of the BNS is similar to Section 354 of the Indian Penal Code (IPC), 1860, which also deals with assault or the use of criminal force to a woman with the intent to outrage her modesty. Both provisions aim to protect women from acts that violate their dignity.
๐งพ Illustrative Example
If an individual gropes a woman in a public space with the intention to insult her modesty, such an act would fall under the purview of Section 74 of the BNS, 2023. The perpetrator could be subject to imprisonment for a term not less than one year, which may extend to five years, and may also be liable to a fine
๐ Additional Information
Cognizability: The offense is cognizable, meaning the police have the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court.
Bailability: The offense is non-bailable, implying that the accused does not have an automatic right to bail and must apply to the court for bail.
Triable by: Any Magistrate.
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