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.
Meaning:
Section 74 states that, if a man assaults or uses criminal force against any woman, with the intention to outrage her modesty or knowing such conduct is likely to outrage her modesty will be punished accordingly.
Key Elements Required to Prove the Offence
To establish the offence, it must be proved that:
- Assault or Criminal Force: The accused either directly assaulted the woman or used force against her without her consent.
- Against a woman: The victim was a female.
- Intention or Knowledge: The act was done with the intention to outrage her modesty, or knowing it would likely have that effect.
The term “modesty” is meant to reflect a women’s dignity and her personal space. The courts have ruled that even acts that are not, in and of themselves sexual but nevertheless violate a women’s dignity can fall under the ambit of this section.
Punishment
- Imprisonment for 1- 5 years with Fine
Example
If A, in a public place, gropes or touches B, a woman, without her consent, with the intention to humiliate or outrage her dignity, he can be charged under BNS Section 74.