As India transitions to the Bharatiya Nyaya Sanhita (BNS), understanding the specifics of Section 74 is crucial for everyone. This pivotal section, which replaces the well-known IPC Section 354, deals with the offense of outraging a woman’s modesty.
Our in-depth guide provides a complete analysis of BNS Section 74, breaking down the punishment, the non-bailable nature of the offense, the procedure for anticipatory bail, and how it applies to modern challenges like workplace incidents and digital harassment.
Whether you are a law student, a legal professional, or a concerned citizen, this interactive article is your definitive resource for navigating the new law in 2025.
A Deep Dive into India's New Penal Code
Understanding Section 74 of the Bharatiya Nyaya Sanhita
An interactive, in-depth guide to the law on outraging a woman's modesty, its procedural nuances, and its impact in the digital age.
Evolution: From IPC §354 to BNS §74
The Bharatiya Nyaya Sanhita (BNS) consolidates and reframes India's criminal laws. Section 74, dealing with outraging a woman's modesty, is a key example of this evolution. While the core offense remains, understanding its journey from the Indian Penal Code (IPC) is crucial for legal clarity.
Side-by-Side Comparison
The BNS did not invent a stricter penalty; it codified the stricter punishment introduced by the Criminal Law (Amendment) Act of 2013. The table below highlights the continuity.
| Aspect | IPC §354 (Post-2013) | BNS §74 (2023) | Key Takeaway |
|---|---|---|---|
| Core Offense | Assault or criminal force to a woman with intent to outrage her modesty. | Assault or criminal force to a woman with intent to outrage her modesty. | No Change. Precedent is preserved. |
| Punishment | 1-5 years imprisonment + mandatory fine. | 1-5 years imprisonment + mandatory fine. | No Change. Stricter penalty retained. |
| Bailability | Non-bailable | Non-bailable | No Change. Bail is discretionary. |
| Cognizability | Cognizable | Cognizable | No Change. Police can arrest without warrant. |
The Tripartite Test: Core Elements of the Offense
To secure a conviction under BNS §74, the prosecution must prove three essential ingredients beyond a reasonable doubt.
Assault or Criminal Force
Any gesture causing apprehension of force, or the intentional application of force, however minimal, without consent.
Victim Must Be a Woman
The law protects a female human being of any age, from infancy to old age, as modesty is an inherent attribute.
Guilty Mind (Mens Rea)
The accused must have the intention to outrage modesty or the knowledge that their act is likely to do so.
The Sentencing Calculus (1-5 Years)
Conviction under BNS §74 carries a mandatory minimum sentence of 1 year, extendable up to 5 years, plus a fine. Judicial discretion is guided by aggravating and mitigating factors. Explore how these factors can influence the outcome with our interactive chart.
Interactive Sentencing Explorer
Select factors that might be present in a case to see a hypothetical sentencing range. This is for educational purposes only and does not constitute legal advice.
Aggravating Factors (Increase Sentence)
Mitigating Factors (Decrease Sentence)
Navigating the Pre-Trial Process
The initial steps after an allegation are critical. The new Bharatiya Nagarik Suraksha Sanhita (BNSS) introduces key procedures for both the accused and the victim.
Anticipatory Bail (BNSS §482)
For a non-bailable offense like §74, anticipatory (pre-arrest) bail is a crucial remedy. Here's the typical process:
Apprehension & Legal Counsel
A person with a reasonable belief of arrest must engage a criminal lawyer immediately.
Drafting & Filing
The lawyer drafts and files an application in the Court of Session or High Court, asserting innocence.
Court Hearing
The court hears arguments from both sides, considering the seriousness of allegations, flight risk, etc.
Grant with Conditions
If granted, the court imposes conditions like cooperation with police and not leaving the country.
The 'Zero FIR' Mandate (BNSS §173)
This powerful tool ensures a victim can file a First Information Report (FIR) at any police station, regardless of jurisdiction, removing a major barrier to justice.
Immediate Registration
Police must register the FIR as a "Zero FIR" without jurisdictional debate.
Information Recording
All details are recorded, and a free copy is given to the complainant.
Transfer within 24 Hours
The Zero FIR is digitally transferred to the correct jurisdictional police station.
Investigation Begins
The jurisdictional police re-register it as a regular FIR and begin the investigation.
Section 74 in the Digital Realm
How does a law designed for physical acts apply to online harassment? While directly applying §74 to an abusive DM is complex, India's new legal triad provides a powerful solution.
The Legal Ecosystem for Online Safety
Prosecuting online harassment effectively requires understanding the interplay between India's three new laws.
1. The Offense (BNS)
Provides the substantive law. While §74 is tricky, other sections (analogs to IPC §354A for sexual harassment, §509 for insulting modesty) are a direct fit for abusive DMs or comments.
2. The Procedure (BNSS)
Enables action. The 'Zero FIR' mandate allows a victim to file a complaint at any police station, which is then transferred to the relevant cyber-crime unit.
3. The Evidence (BSA)
Revolutionizes proof. The Bharatiya Sakshya Adhiniyam treats electronic records (screenshots, DMs, emails) as primary evidence, simplifying the process of proving the crime.
Workplace Violations & Employer Liability
When an act under §74 occurs in a workplace, it triggers two parallel legal tracks: the internal company process under the POSH Act and the external criminal justice process under the BNS.
Infographic: The Dual Framework for Justice
An employee has two independent avenues for redressal, which can proceed simultaneously. This infographic illustrates the two paths.
Track 1: Internal POSH Inquiry
Victim files written complaint with the company's Internal Committee (IC).
IC conducts a quasi-judicial inquiry (like a civil court).
IC submits a report with findings and recommendations.
Outcome: Civil/Disciplinary action (e.g., apology, transfer, termination).
Track 2: Criminal BNS Case
Victim files an FIR with the Police under BNS §74.
Police conduct a criminal investigation.
Case is tried by a criminal court (Magistrate).
Outcome: Criminal punishment (1-5 years imprisonment + fine).
Key Point: These two processes are independent. The outcome of one does not legally bind the other.
Justice Beyond Judgment: Victim Rights & Compensation
A conviction is only one part of justice. The legal framework also provides for victim compensation and support, ensuring access to financial relief and integrated care.
Infographic: The Victim Compensation Pathway
This flowchart shows how funds are channeled to victims and the support structures available.
Nirbhaya Fund
(Central Govt. Corpus)
CVCF
(Central Victim Compensation Fund)
State Victim Schemes
(Administered by State Legal Services)
The Victim
(Receives Compensation)
Integrated Support System (Also funded by Nirbhaya Fund)
An Intersectional Lens: Women with Disabilities
The law's protection is universal. The principle that modesty is an inherent attribute of womanhood, regardless of a victim's age or cognitive ability (State of Punjab v. Major Singh), is crucial. This means a woman with an intellectual or psychosocial disability is fully protected, as the focus is on the perpetrator's intent, not the victim's reaction.
Furthermore, the Rights of Persons with Disabilities (RPD) Act, 2016, works in tandem with the BNS. An offense under §74 against a woman with a disability is also a violation of her dignity under the RPD Act, making her disability a strong aggravating factor during sentencing.
Frequently Asked Questions (FAQ)
Quick answers to common questions about Section 74 of the BNS.
No, an offense under Section 74 is non-bailable. This means bail is not a matter of right and is granted only at the discretion of the court. An accused person can, however, apply for anticipatory (pre-arrest) bail under BNSS §482.
There is a mandatory minimum punishment of one year of imprisonment. The sentence can be extended up to five years, and a fine is also mandatory.
It's complex. Since Section 74 requires "assault or criminal force," its direct application to purely digital acts is difficult. However, other BNS sections (analogs to IPC §354A for sexual harassment and §509 for insulting modesty) are a much better fit for such online offenses. The new legal framework, especially the Bharatiya Sakshya Adhiniyam (BSA) which treats electronic records as primary evidence, has made it much easier to prosecute all forms of online harassment.
They are two separate legal tracks. A POSH inquiry is an internal, civil proceeding conducted by a company's Internal Committee, leading to disciplinary action (like termination). A BNS case is a criminal proceeding handled by the police and courts, leading to criminal punishment (imprisonment and fine). A victim can pursue both simultaneously.
1. Stay calm and do not contact the accuser. 2. Immediately engage a criminal lawyer. 3. Preserve all evidence, such as text messages, emails, and call logs. Your lawyer can help you apply for anticipatory bail and build a defense strategy, which may include establishing an alibi or providing context through digital communications.
