BACK TO SECTIONSWrit Petition (Crl.) No. 491 of 2022
BNS 2024ACTIVE FRAMEWORK
Section 76
Assault or use of criminal force to woman with intent to disrobe
Replaces colonial-era: IPC 354B
Non-BailableCognizable: CognizableMagistrate First Class
Reform Highlights
1
Renumbered from IPC 354B to BNS 76.
2
Maintained the mandatory minimum of 3 years and maximum of 7 years.
3
Abetment explicitly included — group participants in mob situations equally liable.
THE STATUTE
The Clause
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.
Legal Commentary
Section 76 addresses a particularly dehumanising form of sexual assault — the forcible stripping or attempted stripping of a woman. The offence lies at the intersection of sexual violence and the deliberate infliction of shame, often used as an instrument of communal, caste-based, or domestic intimidation. The act of forcibly removing or attempting to remove a woman's clothing — even if no sexual intercourse occurs — is recognised as a severe violation deserving a heavy mandatory minimum (3 years). The section explicitly includes abetment, so persons who incite or assist others to commit this act are equally liable. This is significant in communal riots and mob situations where groups of men may collectively assault women by stripping them. Courts have interpreted 'intention to disrobe' broadly — it is not necessary that full stripping be accomplished; an attempt accompanied by the clear intention is sufficient. The minimum of 3 years and non-bailable status place this offence significantly higher on the severity scale than general molestation under BNS 74, reflecting the particular violation involved.
Landmark Precedents
Bilkis Bano v. Union of India (2022)
RELEVANCE
Arising from the 2002 Gujarat riots, involving the gang rape and murder of family members of Bilkis Bano — highlighted how forcible stripping and sexual assault are used as instruments of communal violence, underpinning the need for provisions like BNS 76.
Case Simulations
"A group of men in a communal riot forcibly attempting to strip a woman from a minority community — each member of the group liable under BNS 76."
"A man forcibly pulling at a woman's saree during a domestic dispute with the intent to humiliate her — BNS 76."
"A woman (mother-in-law) who instigates her son and others to strip her daughter-in-law — liable as abettor under BNS 76."
Expert Insights
No. The offence is in the assault or use of criminal force with the intention of disrobing. An attempt, if accompanied by clear intent, is sufficient. The completion of the stripping is not required.
Yes. Given the gravity of the offence and its use as an instrument of mass intimidation and communal violence, it remains non-bailable and cognizable. The accused must apply for bail before a court.
The principal offender must be 'a man', but since abetment is explicitly included, a woman who incites or assists a group of men to strip another woman can be charged as an abettor under BNS 76.