Section 76 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with assault or use of criminal force against a woman with the intention of disrobing her or compelling her to be naked.
Section 76 BNS – Statutory Provision
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.
What is Section 76 BNS?
Section 76 BNS creates a specific offence where a person assaults or uses criminal force against a woman, or abets such an act, with the intention of disrobing her or compelling her to be naked.
The provision therefore focuses on the nature of the act and the intention behind the assault or use of criminal force. The prosecution must establish the ingredients required by the section based on the facts and evidence of the particular case.
Essential Ingredients of Section 76 BNS
For an offence under Section 76 BNS to be established, the prosecution must prove the relevant ingredients of the offence. These include:
1. The victim must be a woman
Section 76 specifically applies where the person against whom the assault or criminal force is used is a woman.
2. Assault or use of criminal force
The accused must have assaulted the woman or used criminal force against her. The conduct must be examined in light of the statutory concepts of assault and criminal force under the Bharatiya Nyaya Sanhita.
3. Intention to disrobe or compel the woman to be naked
A crucial element of Section 76 BNS is the intention behind the act. The assault or criminal force must be committed with the intention of disrobing the woman or compelling her to be naked.
4. Abetment is also covered
Section 76 also expressly covers a person who abets the assault or use of criminal force when the statutory requirements concerning the intention to disrobe or compel the woman to be naked are established.
Punishment under Section 76 BNS
Non - Bailable
Minimum imprisonment: 3 years
Maximum imprisonment: 7 years
Fine: The accused is also liable to fine.
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