BACK TO SECTIONS(1995) 6 SCC 194AIR 1967 SC 63
BNS 2024ACTIVE FRAMEWORK
Section 74
Assault or use of criminal force to woman with intent to outrage her modesty
Replaces colonial-era: IPC 354
Non-BailableCognizable: CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 354 to BNS 74.
2
Maintained the mandatory minimum 1-year jail term from the 2013 amendments.
3
Continues as non-bailable and cognizable — police can arrest without a warrant.
THE STATUTE
The Clause
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.
Legal Commentary
Section 74 is one of the most frequently invoked provisions against physical sexual harassment and molestation. It requires two elements: (i) an assault or use of criminal force, and (ii) intent or knowledge that the act will outrage the victim's modesty. The term 'modesty' has been interpreted broadly by Indian courts — it refers to a woman's dignity and right to be free from unwanted physical sexual attention, not a narrow Victorian concept of decorum. Criminal force includes any force used without consent and against the victim's will. The section carries a mandatory minimum of one year — a reflection of Parliament's view that such offences cannot be dealt with by probation or a mere fine. The non-bailable nature of the offence means police can arrest without a warrant, which is operationally significant in situations where the offender is known to the victim. The section is specifically for acts involving physical contact or the immediate threat thereof — verbal or gestural harassment without physical contact is addressed under BNS 79 (IPC 509). BNS 74 is commonly invoked in cases of groping in public transport, molestation, and physical intimidation of women.
Landmark Precedents
Rupan Deol Bajaj v. K.P.S. Gill (1995)
RELEVANCE
Landmark case where the Supreme Court held that slapping a woman's buttocks at a social event constitutes outraging modesty — establishing the broad modern interpretation of the offence.
State of Punjab v. Major Singh (1966)
RELEVANCE
Early Supreme Court case that recognised 'modesty' as an attribute of the female sex as a whole, not just virtuous or particular individuals — ensuring the section's universal applicability.
Case Simulations
"Groping a woman in a crowded metro train — classic BNS 74 case, non-bailable, police can arrest on complaint."
"An employer physically touching a female employee in a sexually inappropriate manner at the workplace — BNS 74 alongside possible POSH Act violations."
"A man in a crowd deliberately pressing against a woman in a sexually suggestive manner — BNS 74."
"Pulling a woman's clothes or hair with indecent intent during a public argument — BNS 74."
Expert Insights
No substantive change — the punishment of 1–5 years imprisonment is maintained from the 2013 amendment. The BNS preserves the serious mandatory minimum to reflect the gravity of the offence.
No, it is non-bailable and cognizable. The police can arrest without a warrant. The accused must apply for bail before a magistrate.
It depends entirely on intent and context. A medical professional examining a patient is protected. But a man who grabs a woman's arm in a manner a reasonable observer would find sexual or degrading, with intent to violate her dignity, can be charged under BNS 74.