BNS Section 74 Assault or use of criminal force to woman with intent to outrage her modesty

Section 74. BNS

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.

Essential Ingredients

For an offence under this section to be made out, the prosecution must establish the following:

1. The person assaulted must be a woman The victim of the assault or criminal force must be a woman. The section is gender-specific in protecting women.

2. Assault or use of criminal force

The accused must have:

Assaulted the woman, or Used criminal force against her

(As defined under the corresponding provisions dealing with "assault" and "criminal force" — assault involves a gesture or preparation causing apprehension of criminal force, while criminal force involves actual use of force without consent, intended to cause injury, fear, or annoyance.)

3. Intention or knowledge The act must be done:

With the intention to outrage her modesty, or With the knowledge that it is likely to outrage her modesty

This is the crucial mental element (mens rea). Either intention or knowledge suffices — actual outraging of modesty is not strictly required if the requisite intent/knowledge is present.

Punishment

Imprisonment of either description (simple or rigorous)

Minimum term: 1 year

Maximum term: 5 years

Fine (mandatory, in addition to imprisonment)

Nature of Offence

Cognizable

Non-bailable (as amended)

Triable by Magistrate of First Class

Criminal advocate In Kochi - Advocate Neeraj T Narendran