Section 74 BNS: Assault or use of criminal force to woman with intent to outrage her modesty
Bharatiya Nyaya Sanhita, 2023
Section 74 BNS at a Glance
Section 74 BNS deals with assault or use of criminal force to woman with intent to outrage her modesty. It is non-bailable and cognizable, triable by any Magistrate; it replaced Section 354 IPC on 1 July 2024.
Imprisonment of either description for a term which shall not be less than one year but which may extend to five years.
Section 74 BNS Bare Act Text
74. Assault or 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.
Source: Section 74, Bharatiya Nyaya Sanhita, 2023
Section 74 BNS in Simple Words
Section 74 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with acts of assault or criminal force used against any woman with the intention of outraging, or knowing it to be likely that he will thereby outrage, her modesty. It applies when the conduct is directed at a woman and the surrounding facts show an intent to outrage her modesty, or knowledge that the act is likely to violate her dignity. The law does not require serious physical injury, and even a brief act done with the required intent or knowledge can attract liability.
In practice, this section applies to cases involving unwanted touching, grabbing, pulling, or other physically aggressive conduct towards a woman. Courts look at the nature of the act, the place where it happened, the words spoken, and the surrounding circumstances. This provision protects a woman's bodily dignity and personal safety.
Under Section 74 BNS, the offence is punishable with imprisonment of either description for a term of not less than one year, which may extend to five years, and the offender is also liable to fine.
Ingredients of Section 74 BNS
- Assaulting or using criminal force to any woman
- Intending to outrage or knowing it to be likely that such act will outrage her modesty under Section 74 BNS
Punishment Under Section 74 BNS
Imprisonment of either description for a term which shall not be less than one year but which may extend to five years.
The offender is also liable to fine in addition to imprisonment under Section 74 BNS.
Under Section 74 BNS, assault or criminal force to a woman with intent to outrage her modesty carries imprisonment of not less than one year extending up to five years, and liability to fine. The offence is cognizable, non-bailable, triable by any Magistrate, and non-compoundable.
Example of Section 74 BNS
When Section 74 BNS Does Not Apply
- The person against whom the act was committed was not a woman
- No assault was committed and no criminal force was used against the woman
- The physical contact occurred without the intention to outrage the modesty of the woman and without knowledge that it was likely to outrage her modesty
Section 74 BNS in the IPC (Previous Law)
Section 74 BNS replaces Section 354 IPC from the old criminal code.
Section 354 IPC corresponds to Section 74 BNS. The offence, the required intention or knowledge to outrage modesty, and the punishment of imprisonment for a term of not less than one year extending up to five years with liability to fine remain unchanged in substance across both enactments.
View IPC Section 354 →FAQs on Section 74 BNS
Does every unwanted touch fall under Section 74 BNS?▼
Not every unwanted touch automatically falls under this section. The prosecution must show assault or criminal force against a woman, along with the intention to outrage her modesty or knowledge that the act is likely to do so. Small facts can make a big difference in court.
Is Section 74 BNS bailable?▼
No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides based on the facts of the case and the seriousness of the allegations.
What evidence is usually used to prove an offence under Section 74 BNS?▼
Witness statements, medical records, CCTV footage, call records, and prompt complaint details can all matter. The court also looks closely at the conduct before and after the incident. Delay in complaint does not always destroy the case, but it may be examined carefully.
Has Section 74 BNS been replaced?▼
No. Section 74 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is the current provision in force. It punishes assault or use of criminal force to any woman with intent to outrage her modesty with imprisonment of not less than one year extending up to five years and liability to fine.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·