IPC Section 354B: Disrobing a Woman - BNS Section 76 and Punishment
Section 354B of the Indian Penal Code, 1860 (IPC), deals with assault or use of criminal force against a woman with the intention of disrobing her or compelling her to be naked. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 76, which came into force on 1 July 2024.
What does IPC Section 354B provide?
Any man who 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.
The above reproduces the substance of the original IPC provision. It applies to the conduct described by the section and includes a person who abets that act. The relevant date of the alleged conduct determines whether the IPC or BNS applies, subject to applicable transition and saving provisions.
Current law: Section 76 of the Bharatiya Nyaya Sanhita
Section 76 BNS, titled Assault or use of criminal force to woman with intent to disrobe, substantially carries forward IPC Section 354B. It criminalises assault, use of criminal force, or abetment of that act by a man where the intention is to disrobe a woman or compel her to be naked. The prescribed punishment remains imprisonment for three to seven years and a fine.
| Issue | IPC Section 354B | BNS Section 76 |
|---|---|---|
| Conduct | Assault or criminal force to a woman, or abetment of such act, with intent to disrobe or compel nudity | Corresponding offence retained |
| Minimum imprisonment | 3 years | 3 years |
| Maximum imprisonment | 7 years | 7 years |
| Fine | Also liable to fine | Also liable to fine |
Essential ingredients of the offence
- Specified conduct: assault or use of criminal force against a woman, or abetment of that act.
- Specific intention: the act must be accompanied by an intention to disrobe her or compel her to be naked.
- Proof of circumstances: intention may be assessed from conduct, words, surrounding circumstances and admissible evidence.
The law does not require that the woman actually be stripped naked before the offence can arise. What must be proved is the conduct and the specific intention required by the provision. Whether a particular act satisfies those elements depends on the evidence.
Meaning of assault, criminal force and abetment
Assault: Under IPC Section 351 and BNS Section 130, a gesture or preparation made with the requisite intention or knowledge that causes a person present to apprehend imminent criminal force may amount to assault. Physical contact is not always necessary.
Criminal force: Under IPC Section 350 and BNS Section 129, intentional use of force without consent, for commission of an offence or with the requisite intention or knowledge of causing injury, fear or annoyance, constitutes criminal force.
Abetment: Abetment may involve instigation, conspiracy accompanied by a relevant act or illegal omission, or intentional aid, subject to the applicable statutory definition and facts. Section 76 expressly mentions abetment of the specified act.
Cognizable, bailable and triable status
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under BNS Section 76 is classified as cognizable and non-bailable, and is triable by a Court of Session. Non-bailable does not mean bail is legally impossible; bail is determined under the applicable procedural law and circumstances.
Illustrative situations
- A man forcibly pulls at a woman's clothing with the intention of removing it against her will.
- A man assaults a woman to compel her to undress, even if another person intervenes before her clothing is removed.
- A person intentionally assists the specified assault with knowledge of and participation in the intended disrobing; the facts may require examination of abetment.
These are explanatory examples, not findings about any particular case. A different offence or additional offences may apply depending on the circumstances.
How Section 76 differs from related offences
IPC Section 354 / BNS Section 74 concerns assault or criminal force with intent to outrage a woman's modesty. IPC Section 354A / BNS Section 75 addresses specified forms of sexual harassment. IPC Section 354B / BNS Section 76 requires the more specific intention to disrobe a woman or compel her to be naked. Other offences may be attracted by distinct proven conduct.
Frequently asked questions
Which BNS section replaces IPC Section 354B?
Section 76 of the Bharatiya Nyaya Sanhita, 2023, corresponds to IPC Section 354B.
What is the punishment under BNS Section 76?
Imprisonment of either description for a minimum of three years and a maximum of seven years, together with liability to a fine.
Must the victim actually be disrobed?
No. The offence addresses assault or criminal force, or abetment of such act, with the specified intention. Actual completion of disrobing is not a necessary ingredient.
Is the offence bailable?
It is classified as non-bailable under the BNSS First Schedule. Bail remains subject to judicial consideration under applicable law.
Does the old IPC still matter?
Yes. The date of the alleged offence and the relevant saving and transition provisions determine which substantive law governs the case.
Official statutory references
Read the Bharatiya Nyaya Sanhita, 2023 (official India Code PDF), particularly Sections 74 to 76, 129 and 130. For procedural classification consult the India Code official legislation portal and the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
This article provides general legal information, not advice on an individual case. Last reviewed: 30 October 2026.