Bharatiya Nyaya Sanhita, 2023

BNS Section 74

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

In one line

BNS Section 74 deals with assault or use of criminal force to woman with intent to outrage her modesty and replaces IPC 354.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
74Assault or use of criminal force to woman with intent to outrage her modesty.Imprisonment for 1 year which may extend to 5 years and fine.Cognizable.Non-bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 74

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.

Frequently asked

What was BNS Section 74 in the IPC?

BNS Section 74 (Assault or use of criminal force to woman with intent to outrage her modesty) replaces Section 354 of the Indian Penal Code, 1860. IPC 354 is now BNS 74.

What is the punishment under BNS 74?

Assault or use of criminal force to woman with intent to outrage her modesty – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.

Is BNS 74 bailable?

Non-bailable: BNS 74. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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