How Section 74 of the BNS Protects Women’s Dignity?

When Modesty Is Violated: Understanding Section 74 of the Bharatiya Nyaya Sanhita

It was just another evening in the city. A woman was returning home after a long day at work. The streets were moderately crowded, but the air felt heavy with anticipation of rain. As she walked briskly, a man standing near a tea stall whistled at her. Before she could respond, he brushed against her shoulder in a deliberate, intrusive manner. Shocked and humiliated, she froze — not because she was weak, but because she felt a wave of violation that went beyond the physical touch. Her sense of dignity and personal space had been challenged.

This scenario, unfortunately, mirrors the daily experiences of many women in India. Acts that insult, intimidate, or degrade a woman’s modesty are not just morally wrong — they are criminal offences. Recognizing this, the Bharatiya Nyaya Sanhita (BNS), India’s new criminal law framework, introduced Section 74, specifically designed to protect women from such acts.

Understanding Section 74 of the Bharatiya Nyaya Sanhita

Section 74 BNS states:

“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.”

In essence, this law penalizes any man who physically assaults or touches a woman in a manner intended to insult, humiliate, or outrage her modesty. Importantly, the act does not need to involve sexual penetration or extreme violence. Even gestures, touches, or physical acts done with the knowledge or intent to offend a woman’s dignity are punishable.

Breaking Down Section 74 BNS in Simple Terms

To better understand this law, let’s analyze its key components:

1. Assault or Use of Criminal Force:
   • Assault refers to causing fear or threat of physical harm. Even an intimidating gesture qualifies.
   • Criminal force refers to actual unwanted physical contact, such as groping, touching, or pushing.
2. Intent to Outrage Modesty:
   • The defining element of this offence is intent or knowledge.
   • If a man acts intending to humiliate, insult, or degrade a woman’s dignity, or knows that his actions are likely to do so, he is liable under this section.
3. Outraging Modesty:
   • The term “modesty” refers to a woman’s sense of dignity, decency, and respect.
   • Any act that compromises this, even without sexual intent, is considered an outrage of modesty.
4. Punishment:
   • Minimum imprisonment: 1 year
   • Maximum imprisonment: 5 years
   • Fine: As determined by the court

This framework shows that Indian law treats even minor physical acts against a woman’s dignity seriously, emphasizing both punishment and deterrence.

Why Section 74 BNS Exists

Section 74 BNS is a progressive law designed to protect the physical and moral dignity of women. It recognizes that modesty is not just a social norm — it is a fundamental right linked to a woman’s identity and self-respect.

Even acts that fall short of rape or sexual assault can inflict severe emotional and psychological damage. By criminalizing such conduct, the law ensures women have legal recourse against harassment, molestation, and other forms of physical indignity.

This section builds upon the principles of the earlier Section 354 of the Indian Penal Code (IPC) but broadens its scope and strengthens punishment to reflect the seriousness of the offence.

A Story Illustrating Section 74 BNS

Consider this:

A woman boards a crowded bus after work. She stands near the exit, holding a strap for balance. A man standing behind her starts pressing unnecessarily against her. She tries to move away, but he continues, deliberately violating her space. Frightened and angry, she shouts, drawing attention from other passengers.

In this case:

• The man’s conduct was physical, unwanted, and deliberate.
• His intent was to harass and humiliate the woman.
• Even though it may not constitute rape, it clearly outrages her modesty.

Under Section 74 BNS, the man can be arrested, prosecuted, and punished with imprisonment up to five years and a fine.

This story illustrates how the law protects women from both public and private harassment that undermines their dignity.

Judicial Interpretation and Precedents

Indian courts have consistently emphasized that modesty is an essential aspect of womanhood. Here are some landmark cases:

1. Rupan Deol Bajaj v. K.P.S. Gill (1995):
   • A senior police officer slapped a woman on her posterior in public.
   • The Supreme Court held that this act outraged her modesty and was punishable, even though no sexual penetration occurred.
2. Major Singh Case (1966):
   • The Court noted that a woman’s modesty is linked to her sex and dignity. Any act violating this is criminal, regardless of her age or attire.
3. Ramkripal v. State of Madhya Pradesh (2007):
   • Courts reiterated that modesty is judged based on the intention of the offender, not the woman’s behavior. Even minor physical acts can constitute outrage if the intent to insult is proven.

These cases underscore the principle: the focus is on the offender’s intent and conduct, not the victim’s actions or appearance.

Importance of Intent and Knowledge

For an act to qualify under Section 74 BNS, either intention or knowledge must be present:

• Intent: The man deliberately assaults or uses force to outrage modesty.
• Knowledge: He may not explicitly intend to humiliate, but knows his actions are likely to do so.

Example:

• Lifting a woman’s veil, groping her in public, or brushing against her deliberately are acts likely to outrage modesty. Even if the offender claims it was a joke, the court can convict if it is proven that a reasonable person would have known it was offensive.

Punishment and Its Significance

Section 74 BNS prescribes:

• Minimum imprisonment: 1 year
• Maximum imprisonment: 5 years
• Fine: At the discretion of the court

The minimum one-year sentence emphasizes that acts undermining dignity are not trivial. Courts consider factors such as severity, public/private nature, and impact on the victim to decide the sentence.

This punishment serves two purposes:

1. Deterrence: Discourages potential offenders.
2. Compensation: Upholds the dignity and justice for the victim.

How Women Can Take Legal Action

Women who face such acts can:

1. File an FIR:
   • Lodge a complaint at the nearest police station under Section 74 BNS.
2. Gather Evidence:
   • Witness statements, CCTV footage, photos, or even torn clothing can serve as proof.
3. Seek Legal Assistance:
   • Lawyers can help frame charges, file complaints, and represent women in court.
4. Contact Women’s Commissions or NGOs:
   • These organizations provide legal and emotional support.
5. Use Helplines:
   • Call 1091 (Women’s Helpline) or local police helplines for immediate assistance.

Modern Relevance of Section 74 BNS

Even in contemporary society, harassment and physical violation of women remain widespread. Many victims hesitate to report incidents due to fear of social stigma or disbelief.

Section 74 BNS empowers women by:

• Giving legal recognition to acts that were previously treated lightly.
• Ensuring that offenders face significant punishment.
• Protecting women’s personal space, dignity, and freedom to move safely in society.

It highlights a crucial principle: respect for a woman’s dignity is non-negotiable.

The Emotional Impact

Returning to our first story: the woman who experienced an unsolicited shoulder brush felt violated, unsafe, and embarrassed. The emotional trauma is often long-lasting — fear of public spaces, anxiety, and loss of confidence.

Section 74 BNS provides her not just a legal remedy, but moral validation — a recognition that her dignity is protected and the law will hold offenders accountable.

The law does not just punish; it reassures and empowers women, acknowledging the harm done to their modesty and self-respect.

Conclusion

Section 74 of the Bharatiya Nyaya Sanhita is a landmark provision that protects women from assault and physical acts intended to outrage modesty. By criminalizing such behavior, it ensures that every woman can live with dignity, free from fear, humiliation, and harassment.

The law emphasizes that:

• Modesty and dignity are fundamental rights.
• Even minor acts that degrade, insult, or intimidate women are punishable offences.
• Courts will evaluate intent and knowledge to ensure justice is served.

In a society striving for gender equality, Section 74 BNS sends a clear message: a woman’s dignity is sacred, and any act to undermine it will not go unpunished.

It empowers women to assert their rights, seek justice, and reclaim their sense of safety, confidence, and self-respect. In every sense, the law stands as a guardian of the dignity and modesty every woman is entitled to.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

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Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

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