IPC 354 vs BNS 74: Outraging Modesty India 2024

Detailed Analysis

OLD LAW (IPC)

354

Act of 1860

Assault or criminal force to woman with 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 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.

PunishmentMin 1 year to 5 years + Fine

REFORM

NEW LAW (BNS)

74

Act of 2024

Assault or use of criminal force to woman with intent to outrage her modesty

Punishment1 to 5 years + Fine

Legal Implications

Section 74 of the BNS is the direct successor to IPC 354. It remains the primary shield against physical acts intended to outrage a woman's modesty. By preserving the exact language and punishment, the BNS ensures that the vast body of judicial interpretation on what constitutes outraging modesty remains valid.

Practical Scenarios

"Forcibly catching hold of a woman's hand with improper intent (BNS 74)."

"Using criminal force to touch a woman inappropriately (BNS 74)."

"Assaulting a woman with the clear intent to violate her reserve and modesty (BNS 74)."

Expert Q&A

Is IPC 354 now BNS 74?

Yes, it has been renumbered but the legal substance remains the same.

Does the BNS introduce any new elements to outraging modesty?

No, the definition and the specific wording for outraging modesty have been kept identical to ensure legal continuity.

What is the BNS equivalent of IPC 354 (Outraging Modesty)?

IPC 354 → BNS 74. Same minimum 1 year and maximum 5 years. Non-Bailable. The 2013 mandatory minimum of 1 year (previously no minimum) is preserved.

What is the difference between Section 354 and Section 354A (Sexual Harassment)?

Section 354 requires physical assault or criminal force. Section 354A covers non-physical conduct: verbal remarks, showing pornography, demanding sexual favours. Section 354 is Non-Bailable (up to 5 years); Section 354A is Bailable (up to 3 years for most sub-sections).

How did the Rupan Deol Bajaj v. KPS Gill case shape Section 354?

In 1995, IPS officer Rupan Deol Bajaj filed Section 354 against DGP KPS Gill for slapping her on the posterior at an official dinner. The Supreme Court upheld the conviction, establishing that Section 354 applies even to brief single acts of sexual indecency by persons in authority.

354 vs 74

What Changed?

Verdict