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Home › BNS Sections › Section 74
Bharatiya Nyaya Sanhita, 2023 In force since 1 July 2024

Section 74 BNS - Assault or use of criminal force to Woman with intent to outrage her Modesty

धारा 74 BNS किसी महिला की लज्जा भंग करने के आशय से उस पर हमला या आपराधिक बल प्रयोग को दंडित करती है - एक से पांच वर्ष तक कारावास और जुर्माना। पुरानी IPC की धारा 354 अब यही धारा 74 BNS है।

Act
Bharatiya Nyaya Sanhita, 2023
Section
74 - Assault or use of criminal force to Woman with intent to outrage her Modesty
Old provision
Section 354 IPC
Punishment
Imprisonment for 1 year 5 years and fine.
Cognizable?
Cognizable.
Bailable?
Non-bailable.
Triable by
Any Magistrate.

Old law → Section 74 BNS

Corresponds toChangeRemarks
Section 354 IPC Renumbered, no change No change.

Section 74 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes assault or use of criminal force against a woman with intent to outrage her modesty. It is the direct successor of the widely invoked Section 354 IPC, carried into the new code without substantive change when the BNS came into force on 1 July 2024. It sits in the BNS chapter on offences against women and children.

What Section 74 BNS provides

Whoever assaults or uses criminal force to any woman, intending to outrage her modesty 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.

What the offence requires

  • Assault or criminal force - a physical act or gesture directed at the woman; mere words alone fall under other provisions.
  • Intent or knowledge - the accused must intend to outrage the woman's modesty, or know that his act is likely to do so. The Supreme Court has treated modesty as an attribute of every woman: in State of Punjab v. Major Singh (1966) it was held to attach to a woman regardless of her age, and in Rupan Deol Bajaj v. K.P.S. Gill (1995) the Court explained the test by reference to whether the act is capable of shocking the sense of decency of a woman.

Procedure and bail

The offence is cognizable - the police can register an FIR and investigate without a magistrate's order - and non-bailable, so bail is at the court's discretion rather than a right. It is triable by any Magistrate. Because the sentence carries a mandatory minimum of one year, courts cannot go below it on conviction.

What changed from Section 354 IPC

Nothing of substance - the provision was renumbered from Section 354 IPC to Section 74 BNS with the same ingredients and the same punishment, including the one-year minimum introduced by the 2013 criminal law amendment. The case law developed under Section 354 IPC continues to apply.

Facing harassment, or an accusation under this section? These cases turn on the first statement, the FIR's wording and early legal advice on bail. Talk to a criminal lawyer in your city or browse advocates in the Free Law directory.

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Frequently Asked Questions

What is Section 74 BNS?

Section 74 of the Bharatiya Nyaya Sanhita, 2023 punishes assault or use of criminal force against a woman with intent to outrage her modesty, or knowing it likely to do so. It replaced Section 354 IPC on 1 July 2024 without substantive change.

What is the punishment under Section 74 BNS?

Imprisonment of not less than one year, which may extend to five years, and fine. The one-year minimum means courts cannot impose a lighter sentence on conviction.

Is Section 74 BNS bailable or non-bailable?

It is a cognizable, non-bailable offence triable by any Magistrate, so the police can register an FIR directly and bail is at the court's discretion.

What does outraging the modesty of a woman mean?

The Supreme Court treats modesty as an attribute of every woman regardless of age. The test is whether the act of assault or criminal force is capable of shocking a woman's sense of decency, coupled with the accused's intent or knowledge.

What is Section 354 IPC called now?

The same offence is now Section 74 BNS, with identical ingredients and punishment. Cases for acts committed before 1 July 2024 continue under Section 354 IPC.

Is Section 74 BNS a bailable offence?

No, Section 74 BNS is a non-bailable and cognizable offence, meaning the police can register an FIR without a magistrate's order and bail is granted at the discretion of the court.