Section 74 – Assault or Use of Criminal Force to Woman with Intent to Outrage Her Modesty (EARLIER Section 354)
What is Section 74?
Section 74 criminalizes any act of assault or use of criminal force against a woman with the intent to outrage or with the knowledge that it is likely to outrage her modesty.
Punishment
- Imprisonment: Minimum 1 year, extendable up to 5 years
- Fine: Liable to pay a fine
Landmark Case: State of Punjab vs. Major Singh (1967 AIR 63)
In this case, Supreme Court interpreted ‘modesty’ as an attribute associated with women and ruled that any act intended to outrage a woman’s modesty falls under this section.
Objective
The objective of this section is to protect women from indecent physical acts that violate their dignity. Courts have consistently ruled out stringent punishments for such offences, reinforcing women’s safety and dignity.
Section 75 – Sexual Harassment of a Woman (EARLIER Section 354 A)
What is Section 75?
Section 75 defines sexual harassment and includes acts like:
- Unwelcome physical contact and sexual advances
- Demand or request for sexual favors
- Showing pornography against a woman’s will
- Making sexually colored remarks
Punishment
- Imprisonment up to 3 years, fine, or both: For the first three offences
- Imprisonment up to 1 year, fine, or both: For making sexually colored remarks
Landmark Case: Vishaka vs. State of Rajasthan (1997 6 SCC 241)
In this case, Supreme Court laid down the Vishaka Guidelines, making sexual harassment at the workplace a punishable offence and emphasizing preventive mechanisms.
Objective
Section 75 protects women from unwanted sexual advances, reinforcing their right to work and live with dignity.
Section 76 – Assault or Use of Criminal Force to Woman with Intent to Disrobe (EARLIER Section 354 B)
What is Section 76?
Section 76 punishes anyone who assaults or uses criminal force against a woman with the intention of disrobing or compelling her to be naked.
Punishment
- Imprisonment: Minimum 3 years, extendable up to 7 years
- Fine: Liable to pay a fine
Landmark Case: State of U.P. vs. Naresh (2011) 4 SCC 324
In this case, Supreme Court addressed the severity of disrobing a woman and ruled that such an act directly violates her dignity and bodily integrity.
Objective
This section provides strict punishment for acts attempting to strip a woman’s dignity. It ensures severe consequences for offenders, thereby discouraging such heinous acts.
Section 77 – Voyeurism (Capturing a Woman’s Private Act Without Consent) (EARLIER Section 354 C)
What is Section 77?
Section 77 criminalizes capturing or disseminating images of a woman engaging in private acts without her consent.
Punishment
- 1 to 3 years imprisonment + fine: First Conviction:
- 3 to 7 years imprisonment + fine: Subsequent Conviction
Landmark Case: Justice K.S. Puttaswamy vs. Union of India (2017 10 SCC 1)
In this case, Supreme Court recognized privacy as a fundamental right, emphasizing that voyeurism is a violation of an individual’s dignity and personal space.
Objective
This section addresses digital crimes against women, preventing misuse of technology for violating their privacy.
Section 78 – Stalking (EARLIER Section 354 D)
What is Section 78?
Stalking includes:
- Repeatedly contacting a woman despite her disinterest
- Monitoring a woman’s internet activities
Punishment
- Imprisonment up to 3 years + fine: First Conviction:
- Imprisonment up to 5 years + fine: Subsequent Conviction
Landmark Case: Shreya Singhal vs. Union of India (2015 5 SCC 1)
In this case, Supreme Court ruled against online harassment, emphasizing the need for stringent actions against cyberstalking.
Objective
This section recognizes both physical and cyberstalking, ensuring legal protection for women against repeated harassment.
Section 79- Insulting the Modesty of a Woman
What is Section 79?
Section 79 criminalizes actions such as:
- Verbal abuse, gestures, or exhibiting obscene objects
- Intruding upon a woman’s privacy
Punishment
- Imprisonment up to 3 years + fine
Landmark Case: Ram Kripal Singh vs. State of Madhya Pradesh (2007 11 SCC 265)
In this case, Supreme Court held that any act intended to insult a woman’s modesty constitutes an offence, reaffirming the importance of women’s dignity.
Objective
This section safeguards women from public humiliation and harassment, reinforcing their right to live without fear of indecent behavior.
Quick Summary |
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SOURCE – MINISTRY OF LAW AND JUSTICE
READ ALSO – ASSAULT AND SEXUAL HARRASMENT
FAQ’S
- What constitutes an offence under Section 74 of the Bharatiya Nyaya Sanhita (BNS), 2023?
Section 74 of the BNS, 2023, addresses the offence of assault or use of criminal force against a woman with the intent to outrage her modesty. This includes any act where an individual assaults or applies criminal force to a woman, intending to outrage or knowing it is likely to outrage her modesty. The prescribed punishment is imprisonment ranging from one to five years and a fine.
- How does Indian law define and penalize sexual harassment?
Sexual harassment is defined under Section 75 of the BNS, 2023, encompassing unwelcome physical contact, advances, demands for sexual favors, showing pornography, or making sexually colored remarks. The law prescribes imprisonment of up to three years and a fine for the first three acts, and up to one year and a fine for making sexually colored remarks.
- What is the legal stance on voyeurism in India?
Voyeurism, as per Section 77 of the BNS, 2023, involves watching, capturing, or disseminating images of a woman’s private acts without her consent. The punishment for a first conviction is imprisonment between one to three years and a fine; for subsequent convictions, imprisonment ranges from three to seven years along with a fine.
- How is stalking addressed under Indian law?
Section 78 of the BNS, 2023, defines stalking as repeatedly following, contacting, or monitoring a woman’s online activities against her wishes. The punishment for a first conviction can extend up to three years of imprisonment and a fine; for subsequent convictions, up to five years of imprisonment and a fine.
- What does Section 79 of the BNS, 2023, say about insulting the modesty of a woman?
Section 79 deals with acts where an individual uses words, gestures, sounds, or exhibits objects with the intent to insult a woman’s modesty or intrude upon her privacy. Such offences are punishable by imprisonment of up to three years and a fine.
