Assault to Outrage a Woman’s Modesty Under the BNS (Section 74): IPC 354 Mapping (2026)
What assault or criminal force to outrage a woman’s modesty means under Section 74 of the Bharatiya Nyaya Sanhita (BNS), the punishment, and how it maps to the old Section 354 of the IPC. Last verified October 2026.
Explainer · Criminal Law · BNS
Assault or criminal force on a woman to outrage her modesty is now Section 74 of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024. It replaces Section 354 of the old Indian Penal Code (IPC). The punishment is imprisonment of not less than one year, which may extend to five years, and a fine. This explainer sets out the ingredients, the punishment, and the exact old-to-new mapping. Last verified October 2026.
- Provision: assault or criminal force to outrage a woman’s modesty, Section 74 of the Bharatiya Nyaya Sanhita, 2023.
- Old law: it replaced Section 354 of the Indian Penal Code (in force from 1 July 2024).
- Punishment: imprisonment of not less than 1 year, up to 5 years, and a fine.
- Status: cognizable, non-bailable, triable by any Magistrate (confirm from the BNSS First Schedule).
- Research and tracking: Claw searches 30 crore+ judgments and tracks cases across 9,102 forums.
01What Section 74 of the BNS covers
Section 74 of the BNS punishes an assault or the use of criminal force on a woman where the person acts with the intention to outrage her modesty, or with the knowledge that his act is likely to outrage her modesty.
Three ingredients have to be present.
- There is an assault or use of criminal force. These are themselves defined elsewhere in the code, and can include unwanted touching.
- The person on the receiving end is a woman.
- The accused either intends to outrage her modesty, or knows it is likely that his act will.
Courts have long held that the test of modesty is not about the reaction of the woman alone, but about whether the act is capable of shocking the sense of decency of a woman. The idea of modesty is attached to a woman as a member of her sex.
The offence turns on intent or knowledge: did the accused mean to outrage the woman’s modesty, or know his act was likely to.
02Old to new: IPC 354 becomes BNS 74
Section 74 of the BNS replaces Section 354 of the IPC. The two read the same way, so the mapping is direct.
| Old law (IPC) | New law (BNS) | Topic |
|---|---|---|
| Section 354 | Section 74 | Assault or criminal force to outrage a woman’s modesty |
Section 354 of the IPC was strengthened by the Criminal Law (Amendment) Act, 2013, which set the current one-to-five-year punishment. The BNS keeps that punishment. Judgments decided under Section 354 of the IPC therefore remain good guidance for Section 74, since the ingredients did not change.
03Punishment and classification
The punishment under Section 74 is imprisonment of either description for a term which shall not be less than one year, but which may extend to five years, and the person is also liable to a fine.
The one-year floor is important. It is a minimum sentence, so the court cannot go below it on a conviction unless the law allows a special reason, which the section itself does not provide for this offence.
On classification, Section 74 is a cognizable and non-bailable offence, and it is triable by any Magistrate. Cognizable means the police can register an FIR and investigate on their own. Non-bailable means bail is not a matter of right and is decided by the court.
04What changed from the old law
In substance, very little changed. Section 74 of the BNS restates Section 354 of the IPC, including the one-to-five-year punishment that the 2013 amendment had already introduced.
What changed is the setting. The offence now sits inside a renumbered code, the procedure runs under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and evidence is governed by the Bharatiya Sakshya Adhiniyam, 2023. For a practitioner, the main day-to-day change is using the new section number in the FIR, the charge sheet, and the charge, while continuing to rely on judgments decided under Section 354.
For the related sexual-offence provisions in the new code, see Section 75 on sexual harassment, Section 78 on stalking, and Section 77 on voyeurism.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Cases under Section 74, and under the old Section 354, are charged and litigated in trial courts across India. To build or defend such a matter you often need to see how courts have read the idea of modesty and intent, and you need to keep track of the live case. With Claw you can search 30 crore+ judgments and orders by section, party, or advocate, with results in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals, with automatic updates, cause lists, and WhatsApp and email alerts. See how case search works across Indian courts for more.
Claw does not file a case for you and does not replace legal advice. Claw does not use customer case documents to train AI models. There is a free plan for individual advocates. Create a FREE Claw account to search and track cases under this section by party or advocate name.
06Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- Ministry of Home Affairs (the three new criminal laws): mha.gov.in
- Text of BNS Section 74: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the section and the BNSS First Schedule, and take advice from counsel, before you act.
07Frequently asked questions
What is Section 74 of the BNS?
Section 74 of the Bharatiya Nyaya Sanhita, 2023 punishes an assault or use of criminal force on a woman with the intention, or the knowledge of the likelihood, of outraging her modesty. It replaced Section 354 of the IPC from 1 July 2024.
Which IPC section is now BNS Section 74?
Section 354 of the Indian Penal Code. The BNS re-enacts it as Section 74, with the same ingredients and the one-to-five-year punishment that the 2013 amendment had set.
What is the punishment under BNS Section 74?
Imprisonment of either description for a term not less than one year, which may extend to five years, and the person is also liable to a fine. The one-year minimum cannot be reduced below the floor set by the section.
Is BNS Section 74 bailable?
It is a cognizable and non-bailable offence, triable by any Magistrate, going by the current classification. Non-bailable means bail is at the discretion of the court, not a matter of right. Confirm the classification from the BNSS First Schedule in force on the date of the case.
What is the difference between Section 74 and Section 75 of the BNS?
Section 74 deals with assault or criminal force to outrage a woman’s modesty (old IPC 354). Section 75 deals with sexual harassment, such as unwelcome advances, a demand for sexual favours, showing pornography, or sexually coloured remarks (old IPC 354A).
Can I find cases under BNS 74 or IPC 354 in Claw?
Yes. Claw lets you search 30 crore+ judgments and orders by section, party, or advocate in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals. It does not file a case or give legal advice.