Bharatiya Nyaya Sanhita, 2023 · Chapter V: Of Offences against Woman and Child · Of criminal force and assault against woman
Section 74: Assault or use of criminal force to woman with intent to outrage her modesty
In plain words
Assaulting or using criminal force on a woman, intending to outrage her modesty or knowing it is likely to, is punishable with at least one year and up to five years in prison, and a fine.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 74 carries forward section 354 of the IPC: assault or criminal force on a woman with intent to outrage her modesty, or knowing it is likely to do so. One to five years and fine.
Ingredients
- The victim is a woman.
- Assault or criminal force on her.
- Intention to outrage her modesty, or knowledge that it is likely.
Modesty
The essence of a woman's modesty is her sex; it is an attribute of women as a class, so even a child can be a victim. The accused's intention or knowledge is decisive; the victim's reaction is relevant but not essential.
Related offences
Sexual harassment, assault to disrobe, voyeurism and stalking are now sections 75 to 78. Words, gestures or acts intended to insult modesty without force fall under section 79.
Key Supreme Court rulings
Madhushree Datta v. The State of Karnataka 2025 INSC 105
Decided under the IPC. Quoting earlier authority: "The essence of a woman's modesty is her sex. The culpable intention of the accused is the crux of the matter."
Raju Pandurang Mahale v. State of Maharashtra 2004 INSC 98
Explained the meaning of modesty and upheld convictions for confinement and assault outraging modesty.
Common mistakes
- Requiring proof that the victim felt outraged.
Read with: Section 75 BNS, Section 79 BNS, Section 354 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 74
No Supreme Court judgment in our database cites this section yet.