Bharatiya Nyay Sanhita 2023 Section 74 : BNS replaces the Indian Penal Code IPC. It brings major changes to criminal law. Section 74 of BNS deals with assault or the use of criminal force against a woman with the intent to outrage her modesty.
This section aims to protect women’s dignity. It ensures strict punishment for those who commit such offenses. The law serves as a deterrent to crimes against women.
Section 74 Bharatiya Nyay Sanhita 2023 states that if a person assaults or uses criminal force on a woman intending to outrage her modesty, they shall face imprisonment. The punishment is not less than one year but can extend up to five years. The offender is also liable to pay a fine.
Key Elements of the Offense
- The victim must be a woman.
- The act must involve assault or criminal force.
- There must be an intent to outrage modesty.
- The punishment includes imprisonment and a fine.
What Constitutes Outraging Modesty? Outraging modesty includes acts that insult or harm a woman’s dignity. Unwanted touching, physical advances, or any action with sexual intent falls under this category. The intent is crucial in determining guilt.
Case Laws on Outraging Modesty
- State of Punjab v. Major Singh (1967)
- This case defined modesty as the virtue a woman possesses due to her sex.
- It held that any act violating a woman’s modesty is punishable.
- Rupan Deol Bajaj v. K.P.S. Gill (1995)
- In this case, a senior police officer made inappropriate advances toward a woman.
- The Supreme Court ruled that physical advances with sexual intent amount to outraging modesty.
- Aman Kumar v. State of Haryana (2004)
- The court held that physical contact is not necessary.
- Even verbal abuse with a sexual undertone can be considered outraging modesty.
Difference from IPC Section 354 Section 74 of BNS is similar to IPC Section 354. However, the new law introduces stricter punishment. It also makes legal interpretations clearer.
Punishment and Legal Proceedings The offense under Section 74 is:
- Cognizable: Police can register and investigate without prior approval.
- Non-bailable: Bail is not granted easily.
- Triable by a magistrate: A magistrate handles the trial.
Why Section 74 is Important?
- It strengthens women’s rights.
- It discourages crimes against women.
- It ensures strict penalties for offenders.
- It aligns with modern legal needs.
Challenges in Implementation Despite strong laws, challenges exist:
- Victims fear reporting incidents.
- Societal stigma prevents justice.
- Delayed legal proceedings.
- Need for better awareness and training.
Section 74 of BNS 2023 is a step toward protecting women’s dignity. It ensures strict punishment for those who harm a woman’s modesty. However, proper implementation is key. Awareness, swift justice, and societal change are needed to make this law effective.
This law, along with strong enforcement, can create a safer society for women.
Note: This article provides a general overview of Section 74 of Bharatiya Nyay Sanhita 2023. Readers are advised to consult legal professionals for specific cases or legal advice.
Disclaimer: The information in this article is for educational purposes only. It does not constitute legal advice. The author and publisher are not responsible for any actions taken based on the content provided.
