Section 354 IPC in BNS: Section 74 Outraging Modesty, Bail

Section 354 IPC is now Section 74 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Assault or criminal force on a woman with intent to outrage her modesty is punishable with imprisonment of not less than one year, which may extend to five years, along with fine. The offence is cognizable and non-bailable.

What Section 74 BNS says

Section 74 punishes a person who assaults a woman or uses criminal force on her, either intending to outrage her modesty or knowing that it is likely to do so. The offence is gender neutral as to the offender: “whoever” commits it can be charged. The victim must be a woman.

Ingredients

1. The victim is a woman.
2. The accused used assault or criminal force on her. Words alone are not enough for this section.
3. The accused intended to outrage her modesty, or knew it was likely to be outraged.

The heart of the offence is the accused’s intention or knowledge. Courts infer it from the circumstances: the nature of the act, the place, the time and the conduct before and after.

What is “modesty”?

The BNS does not define modesty. Courts have treated it as an attribute connected with a woman’s sense of decency and dignity. The test is objective: would the act, judged by the common notions of society, be seen as an affront to a woman’s decency? Because the test turns on the act and the accused’s intention, even a very young girl can be a victim.

What changed from the IPC

Section 74 reproduces Section 354 IPC with the same punishment (minimum one year, maximum five years, with fine) and the same classification. The change is the number. The related offences added to the IPC in 2013 have also moved:

Sections 75 to 78 BNS in brief

Section 75: sexual harassment

A man commits sexual harassment by unwelcome physical contact and explicit sexual advances, a demand or request for sexual favours, showing pornography against a woman’s will, or making sexually coloured remarks. The first three carry rigorous imprisonment up to three years, or fine, or both. Sexually coloured remarks carry imprisonment up to one year, or fine, or both.

Section 76: assault with intent to disrobe

Assault or criminal force on a woman, or abetting it, with intent to disrobe her or compel her to be naked. Punishment: three to seven years and fine. Cognizable and non-bailable.

Section 77: voyeurism

Watching or capturing the image of a woman engaged in a private act where she would expect not to be observed, or disseminating such an image. First conviction: one to three years and fine. Second or subsequent conviction: three to seven years and fine. Consent to capture an image is not consent to share it. Cognizable; bailable on first conviction, non-bailable afterwards.

Section 78: stalking

Following a woman and repeatedly contacting or attempting to contact her despite clear disinterest, or monitoring her internet, email or electronic communication. First conviction: up to three years and fine. Subsequent conviction: up to five years and fine. Cognizable; bailable on first conviction, non-bailable afterwards. There are defences for crime prevention under State authority, compliance with law, and reasonable and justified conduct.

Important case law

• State of Punjab v. Major Singh: the Supreme Court held that an act against a very young girl could outrage her modesty, applying a test based on what a reasonable person would consider an affront to a woman’s modesty.
• Rupan Deol Bajaj v. Kanwar Pal Singh Gill (1995): the Court held that slapping a woman on her posterior in a gathering was an affront to her decency, and refused to quash the case under Sections 354 and 509 IPC. The ultimate test is whether the act is capable of shocking a woman’s sense of decency.

Common confusions

• Section 74 vs Section 79: Section 74 needs physical assault or criminal force. Section 79 covers words, sounds, gestures, objects shown or intrusion on privacy, without physical force.
• Section 74 vs Section 75: Section 75 covers sexual harassment by a man in four listed forms. Where force is used with the required intent, Section 74 applies, and both may be charged together where the facts support it.
• Non-bailable does not mean no bail: bail is at the court’s discretion, not a right.

Practical guidance for the public

• A complaint can be made at any police station. Under the proviso to Section 173(1) BNSS, information from a woman about offences under Sections 74 to 79 is recorded by a woman police officer or any woman officer.
• Note dates, places, witnesses and preserve CCTV footage, messages or call records.
• If the police refuse to register the FIR, send the information in writing by post to the Superintendent of Police (Section 173(4) BNSS), and then approach the Magistrate.
• Workplace incidents can also be taken to the Internal Committee under the POSH Act, 2013, alongside the criminal complaint.

Exam angle

• 354 to 74, 354A to 75, 354B to 76, 354C to 77, 354D to 78.
• Section 74 carries a minimum of one year; Section 76 a minimum of three years.
• Voyeurism and stalking: bailable on first conviction, non-bailable on repeat conviction.
• The offender under Section 74 can be any person; under Sections 75, 77 and 78 the BNS text refers to “a man”.

Frequently asked questions

What is the new section for 354 IPC?

Section 354 IPC is now Section 74 of the BNS.

Is Section 74 BNS bailable?

No. It is cognizable and non-bailable, so bail is at the court’s discretion.

Is Section 74 BNS compoundable?

No. It is not listed in the compounding tables of Section 359 BNSS, so it cannot be settled by compromise.

What is the punishment under Section 74 BNS?

Imprisonment of not less than one year, which may extend to five years, and fine.

Which court tries Section 74 BNS?

Any Magistrate.

Quick quiz

Sources

• Bharatiya Nyaya Sanhita, 2023, Sections 74 to 79
• Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 173 and 359, and First Schedule
• State of Punjab v. Major Singh (Supreme Court)
• Rupan Deol Bajaj v. Kanwar Pal Singh Gill (Supreme Court, 1995)

This page is for education and general information, not legal advice for a specific case.