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Assault or criminal force to woman with intent to outrage her modesty
BNS section 74 deals with assault or criminal force against a woman with the intent to outrage her modesty. Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by 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.
Example:
Vijay, intending to outrage a woman's modesty, physically assaults her and hurls abuses at her in a market area. He is arrested under this S. 74 and is sentenced to 3 years jail time, along with fine.
Key Points on BNS-74
BNS-74 addresses the criminal offense related to assault or use of criminal force against a woman with the intent to outrage her modesty.
1. Offense Definition:
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Assault or Criminal Force: This involves any physical attack or use of force directed towards a woman. The act must be intended to outrage or have the potential to outrage her modesty.
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Outrage of Modesty: This refers to actions that are intended to violate or disrespect the woman's sense of personal dignity or modesty.
2. Punishment:
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Imprisonment: The offender shall face imprisonment for not less than one year and up to five years.
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Fine: In addition to imprisonment, the offender is also liable to pay a fine. The amount is not specified but is determined according to the legal framework.
3. Intent Requirement:
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The offense requires that the assailant either intends to outrage the woman's modesty or knows that their actions are likely to have that effect. This subjective intent or knowledge is crucial for establishing the crime.
4. Objective:
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Protection of Modesty: The section is designed to safeguard women’s dignity and personal integrity, ensuring that any acts intended to disrespect or violate their modesty are met with appropriate legal consequences.
BNS-74 emphasizes protecting women from physical acts that compromise their modesty and ensures that such offenses are punished with both imprisonment and fines. The intent or knowledge of the likely outcome of the action is critical to establishing the crime.
Offence : Assault or use of criminal force to woman to outrage her modesty.
Punishment : Imprisonment for 1 year with intent which may extend to5 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Any Magistrate.
Browse through our complete index of all BNS sections. Learn about the Bharatiya Nyaya Sanhita with our extensive resource that covers every section in detail.
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Frequently Asked Questions on BNS Section 74
Is BNS 74 a bailable offense?
No, BNS 74 is a non-bailable offense. This means that the accused cannot obtain bail as a matter of right and must apply for bail before a magistrate or a judge, who will then decide based on the specifics of the case.
Is BNS 74 a cognizable offense?
Yes, BNS 74 is a cognizable offense. This means that the police have the authority to arrest the accused without a warrant and can start an investigation without the permission of a magistrate.
What is the punishment under BNS 74?
The punishment under BNS 74 includes imprisonment of either description for a term not less than one year, which may extend to five years, and the offender is also liable to pay a fine.
How does the intent factor differ between BNS 74 and IPC 354A?
BNS 74 requires the intent or knowledge that the act will likely outrage the woman's modesty.
