BNS Sec. 74, 75, 76: New Strict Laws on Assault and Sexual Harassment of Women

In a country where women’s safety is a constant concern, the laws that protect them are more important than ever. The Bharatiya Nyaya Sanhita (BNS) represents a modern update to India’s criminal laws, BNS Sec. 74, 75, 76 aimed at tackling issues like New Strict Laws on Assault and Sexual Harassment of Women with a fresh perspective. By tightening penalties and clearly defining offences, the BNS goes beyond its predecessor, the Indian Penal Code (IPC), to better address the challenges women face today. This article takes a closer look at some of the key sections of the BNS that focus on crimes against women, comparing them with the older IPC provisions, and examining how these changes could make a real difference in ensuring justice.

Section 74: Assault or Use of Criminal Force to Woman with Intent to Outrage Her Modesty

74. 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.

– This section punishes anyone who assaults or uses criminal force against a woman with the intention of outraging her modesty. The offender can be imprisoned for a term not less than one year, which may extend up to five years, and may also be fined.

Ingredients of the Offence:

• 1. Assault or Use of Criminal Force: There must be an act of assault or the use of criminal force against a woman.
• 2. intention or Knowledge: The offender must have the intention to outrage the woman’s modesty or must know that his actions are likely to do so.
• 3. Victim: The act must be directed against a woman.

Comparison with IPC:

-IPC Section 354: This section of the IPC also deals with assault or criminal force against a woman with the intent to outrage her modesty. The punishment under IPC is similar, with imprisonment extending up to two years, or fine, or both. The BNS increases the minimum term of imprisonment to one year, reflecting a stricter approach.

Section 75: Sexual Harassment

(1) A man committing any of the following acts:—
(i) physical contact and advances involving unwelcome and explicit sexual
overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii)
of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend
to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall
be punished with imprisonment of either description for a term which may extend to one year,
or with fine, or with both.

– This section defines sexual harassment and prescribes punishment for various acts that constitute sexual harassment. It specifically mentions acts like unwelcome physical contact, requests for sexual favours, showing pornography, and making sexually coloured remarks.

Ingredients of the Offence:

• 1. Physical Contact and Advances: Unwelcome and explicit sexual overtures.
• 2. Demand for Sexual Favours: Any direct or indirect request for sexual favors.
• 3. Showing Pornography: Displaying pornographic material against the will of the woman.
• 4. Sexually Coloured Remarks: Making remarks that are sexual in nature.

Punishment:

– For the acts under clauses (i), (ii), and (iii), the offender can face rigorous imprisonment up to three years, a fine, or both.

– For making sexually coloured remarks (clause iv), the punishment is imprisonment up to one year, a fine, or both.

Comparison with IPC:

Previously, the Indian Penal Code (IPC) had limited and less specific provisions regarding sexual harassment. Key points of comparison:

• 1. Section 354 (Assault or criminal force to woman with intent to outrage her modesty):
•   – Earlier, this was a broader provision covering any assault or use of criminal force with the intent to outrage a woman’s modesty.
•    – It did not specifically categorize different forms of sexual harassment or provide detailed penalties for specific acts.
• 2. Section 509 (Word, gesture or act intended to insult the modesty of a woman):
•    – This was another relevant section that focused on words, gestures, or acts meant to insult the modesty of a woman.
•    – However, it did not explicitly mention actions like showing pornography or demanding sexual favours.

Section 76: Assault or Use of Criminal Force to Woman with Intent to Disrobe

76. Whoever assaults or uses criminal force to any woman or abets such act with the
intention of disrobing or compelling her to be naked, shall be punished with imprisonment of
either description for a term which shall not be less than three years but which may extend to
seven years, and shall also be liable to fine.

– This section deals with anyone who assaults or uses criminal force against a woman with the intention of disrobing her or forcing her to be naked. The punishment is imprisonment for not less than three years, which may extend to seven years, and a fine.

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Ingredients of the Offence:

• 1. Assault or Criminal Force: The act involves either assault or the use of criminal force.
• 2. Intention to Disrobe: The offender must have the intention to disrobe the woman or compel her to be naked.
• 3. Victim: The offence is specifically against a woman.

Comparison with IPC:

– IPC Section 354B: This section in the IPC similarly punishes anyone who assaults or uses criminal force with the intent to disrobe a woman. The punishment in the IPC is imprisonment not less than three years but which may extend to seven years, along with a fine. The BNS provision aligns closely with this, indicating consistency in the treatment of such offences.

Conclusion

Laws need to evolve with society, and the Bharatiya Nyaya Sanhita is a clear step in the right direction when it comes to protecting women in India. By setting tougher punishments and offering more precise definitions of crimes, the BNS not only strengthens legal protections but also underscores the importance of respect and dignity for women. While no law can instantly change deep-seated societal attitudes, it can certainly influence behaviour and ensure that justice is served. The BNS brings India closer to a future where the safety and rights of women are prioritised, making it a practical and much-needed update to the country’s legal system.

The sections in the BNS (74, 75, and 76) are largely aligned with the corresponding sections in the IPC (354, 354A, 354B), with slight variations in language and structure. The BNS tends to impose stricter minimum sentences, reflecting a more stringent approach to crimes against women.

Disclaimer:
The content provided in this article is for informational purposes only and is not intended as legal advice. While every effort has been made to ensure the accuracy of the information presented, laws and legal interpretations can change over time. Readers are encouraged to consult with a qualified legal professional for specific advice related to their individual circumstances. The opinions expressed in this article are the author’s own and do not necessarily reflect the views of any associated organizations.