BACK TO SECTIONS(2014) 4 SCC 427
IPC 1860REPEALED
Section 354B
Assault or use of criminal force to woman with intent to disrobe
Replaced by: BNS 76
Non-BailableCognizable: CognizableMagistrate First Class
THE STATUTE
Original Text
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 not less than three years but which may extend to seven years, and shall also be liable to fine.
Simplified
Section 354B specifically targets the act of attempting to strip a woman — a form of sexual assault frequently used as a weapon of caste-based or communal violence. The mandatory minimum of 3 years (compared to no mandatory minimum in Section 354) reflects the legislature's view that this conduct requires a mandatory custodial response. The provision applies both to direct assaults and to abetment — spectators who encourage or facilitate stripping are equally liable.
Legal Evolution
Section 354B was inserted by the Criminal Law Amendment Act 2013 following the Nirbhaya gang rape case and the Justice Verma Committee recommendations. It specifically criminalizes assault or use of criminal force with the intent to disrobe a woman — conduct that previously fell under the general Section 354. The provision filled a gap identified by activists and the committee, recognizing forced disrobing as a distinct form of sexual violence warranting a dedicated provision.
Landmark Precedents
Laxmi v. Union of India (2014)
RELEVANCE
PIL on acid attacks and violence against women — the Court's directions strengthened enforcement of Section 354B alongside the dedicated acid attack provisions.
Practical Scenarios
"Pulling at a woman's clothes in public to strip her — Section 354B."
"A mob attack where women are stripped as a weapon of communal violence — Section 354B."
Common Queries
Section 354B has a mandatory minimum of 3 years versus no mandatory minimum in Section 354. The specific intent to disrobe is what triggers 354B.