Section 354 IPC: Original statutory provision
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.
Section 74 BNS: Corresponding current provision
Section 74 of the Bharatiya Nyaya Sanhita, 2023 retains the offence of assault or use of criminal force against a woman with intent to outrage, or knowledge of the likelihood of outraging, her modesty. It provides imprisonment of either description for a term of not less than one year and up to five years, and liability to a fine.
The BNS provision is the relevant substantive section for conduct to which the BNS applies. The earlier IPC provision remains important for cases involving conduct before commencement, subject to the statutory savings provisions.
Essential ingredients of the offence
- The victim is a woman: The provision specifically protects women from the conduct described.
- Assault or criminal force: The accused must commit an assault or use criminal force as legally defined.
- Required mental element: The act must be accompanied by an intention to outrage the woman's modesty, or knowledge that the act is likely to do so.
- Context matters: Courts assess the act, circumstances and required mental element on the evidence in each case.
Meaning of assault and criminal force
Assault: Under IPC Section 351, now corresponding to BNS Section 130, a gesture or preparation made with the requisite intention or knowledge that a person present will apprehend imminent criminal force may amount to assault. Physical contact is not always required.
Criminal force: Under IPC Section 350, corresponding to BNS Section 129, intentional use of force without consent for an offence, or with the requisite intention or knowledge concerning injury, fear or annoyance, constitutes criminal force.
Outraging modesty: The statute does not supply a single exhaustive definition of this expression. Its application depends on the nature of the act, the surrounding circumstances and the accused's intention or knowledge. Not every accidental or incidental contact satisfies the offence.
Punishment and procedural classification
| Legal aspect | IPC Section 354 | BNS Section 74 |
|---|---|---|
| Offence | Assault or criminal force to a woman with intent to outrage her modesty | Corresponding offence under current law |
| Imprisonment | One to five years | One to five years |
| Fine | Also liable to fine | Also liable to fine |
| Classification | Cognizable; non-bailable | Cognizable; non-bailable |
| Trial | Any Magistrate | Any Magistrate under the BNSS First Schedule |
A cognizable offence permits police investigation in accordance with the governing procedural law without a Magistrate's prior order of the kind required for non-cognizable offences. Non-bailable does not mean bail is prohibited; bail is subject to judicial discretion and the applicable statutory framework.
Illustrative situations
- Deliberately grabbing a woman in a sexualised manner, with the required intention or knowledge, may attract Section 74 BNS.
- Threatening gestures that create apprehension of imminent criminal force may constitute assault; whether Section 74 applies depends on the additional element concerning modesty.
- Unintentional contact in a crowded public place, without the required mental element, does not automatically establish this offence.
These are simplified examples, not findings about any actual case.
Related offences and important distinctions
Section 74 BNS should be distinguished from Section 75 BNS (sexual harassment), Section 76 BNS (assault or criminal force with intent to disrobe), Section 77 BNS (voyeurism), and Section 78 BNS (stalking). Depending on the facts, more than one statutory provision may need consideration; they have different elements and punishments.
For related historical IPC provisions, see IPC Section 354A, IPC Section 354B, IPC Section 354C, and IPC Section 354D.
Official statutory sources
- Bharatiya Nyaya Sanhita, 2023 - India Code (Section 74 and related definitions)
- Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code (First Schedule and procedure)
- Indian Penal Code, 1860 - India Code (historical Section 354)
Frequently asked questions
What is IPC Section 354?
IPC Section 354 punished assault or criminal force against a woman with intent to outrage her modesty, or knowledge that her modesty was likely to be outraged.
What is the corresponding BNS section?
Section 74 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 354 for conduct governed by the new law.
What is the punishment under BNS Section 74?
Imprisonment of either description for at least one year and up to five years, and liability to fine.
Is physical injury necessary?
No. The prosecution must establish assault or criminal force and the required intention or knowledge; proof of physical injury is not itself an essential ingredient.
Is the offence cognizable and bailable?
BNS Section 74 is classified as cognizable and non-bailable under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. It is triable by any Magistrate.
Does the BNS apply to incidents before 1 July 2024?
The date of the alleged act matters. The repeal and savings framework preserves treatment of earlier conduct under the applicable law; seek case-specific legal advice.
This article provides general legal information, not advice for a specific criminal proceeding. Statutory interpretation and procedural outcomes depend on the facts and applicable law.