Section 76 BNS: Assault or use of criminal force to woman with intent to disrobe
Bharatiya Nyaya Sanhita, 2023
Section 76 BNS at a Glance
Section 76 BNS deals with assault or use of criminal force to woman with intent to disrobe. It is non-bailable and cognizable, triable by any Magistrate; it replaced Section 354B IPC on 1 July 2024.
Imprisonment of either description for a minimum term of three years extending up to seven years under Section 76 BNS.
Section 76 BNS Bare Act Text
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.
Source: Section 76, Bharatiya Nyaya Sanhita, 2023
Section 76 BNS in Simple Words
Section 76 of the Bharatiya Nyaya Sanhita (BNS) deals with a serious offence against a woman's bodily dignity. It applies where any person assaults a woman, uses criminal force against her, or abets such an act with the intention of disrobing her or compelling her to be naked. The focus is on the act and the intention behind it. Even an attempt or abetment, if backed by the required intent, can bring the section into play.
This provision is meant to protect women from humiliation, intimidation, and sexual violence in public or private settings. In practice, police and courts look at the surrounding facts, such as the conduct of the accused, words used, physical acts, and whether there was a clear purpose to remove or force removal of clothing. It is a non-bailable offence and carries a strong punishment because the law treats such conduct as an attack on dignity as well as bodily safety.
Ingredients of Section 76 BNS
- Whoever assaults or uses criminal force to any woman, or abets such act
- Doing so with the intention of disrobing her or compelling her to be naked under Section 76 BNS
Punishment Under Section 76 BNS
Imprisonment of either description for a minimum term of three years extending up to seven years under Section 76 BNS.
The offender is also liable to fine in addition to imprisonment under Section 76 BNS.
Assault or criminal force to a woman with intent to disrobe carries imprisonment of not less than three years extending up to seven years, and liability to fine. The offence is cognizable, non-bailable, triable by any Magistrate, and non-compoundable.
Example of Section 76 BNS
When Section 76 BNS Does Not Apply
- The person against whom assault or criminal force is used is not a woman
- No assault was committed, no criminal force was used, and there was no abetment of such an act
- The assault or force was used without the intention of disrobing the woman or compelling her to be naked
Section 76 BNS in the IPC (Previous Law)
Section 76 BNS replaces Section 354B IPC from the old criminal code.
Section 354B IPC is succeeded by Section 76 BNS. Under the Bharatiya Nyaya Sanhita, the opening phrase Any man who is replaced by Whoever, making the provision gender-neutral as to the accused, while the victim remains a woman. The punishment of imprisonment for not less than three years extending up to seven years and liability to fine remains unchanged in substance.
View IPC Section 354B →FAQs on Section 76 BNS
Is actual disrobing necessary for Section 76 BNS to apply?▼
No. The law can apply even if the woman was not fully disrobed, so long as there was assault or criminal force with the intention to disrobe or compel nakedness. The intent and the act are both important.
Can Section 76 BNS be added if there was only a verbal threat?▼
A mere threat by itself may not be enough for this section. There must usually be some assault or use of criminal force. Other offences may still apply depending on the facts.
Is the offence under Section 76 BNS bailable?▼
No, it is a non-bailable offence. That means bail is not a matter of right and depends on the court’s discretion and the facts of the case.
Under Section 76 BNS, what should a victim do after such an incident?▼
The victim should report the matter to the police immediately and preserve any evidence, such as clothing, messages, CCTV footage, or witness details. A prompt complaint often helps the investigation and strengthens the case.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·