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BNS Section 74 (IPC 354): assault on a woman with intent to outrage her modesty

The number the offence has now and the number it had, how it is reported, what the police must do, and where the related offences now sit.

Quick answer

Section 74 of the Bharatiya Nyaya Sanhita punishes assault or criminal force to a woman with intent to outrage her modesty. It replaced section 354 of the Indian Penal Code for offences committed on or after 1 July 2024, and the Government’s table lists it as renumbered. The punishment is one to five years’ imprisonment and fine. It is cognizable, non-bailable, triable by any Magistrate and not compoundable, and a woman’s complaint must be recorded by a woman police officer or woman officer.

Punishes assault or criminal force to a woman of any age, by someone intending to outrage her modesty or knowing it is likely to.

Now
BNS 74 — Assault or use of criminal force to woman with intent to outrage her modesty
Was
IPC 354
Punishment
Imprisonment of 1 to 5 years, and fine
Arrest without warrant
Cognizable
Bail
Non-bailable
Compounding
Not compoundable
Tried by
Any Magistrate

Read this first: A woman police officer or woman officer must record her information (BNSS s. 173(1)), and an officer who fails to record it commits an offence (BNS s. 199(c)).

The number it had, and the number it has
Repealed — Indian Penal Code, 1860
IPC 354
Assault or criminal force to woman with intent to outrage her modesty.
In force — Bharatiya Nyaya Sanhita, 2023
BNS 74
Assault or use of criminal force to woman with intent to outrage her modesty.
Renumbered

The corresponding offence, under a new number. The Government’s table does not mark it as changed — good evidence the wording and punishment came across, but not proof.

How this provision was renumbered
IPC 354becomes BNS 74renumbered

Key takeaways

  • Section 74 is the old section 354 under a new number; the offences that were sections 354A to 354D and 509 are now sections 75 to 79.
  • It protects a woman of any age: the Sanhita defines a woman as a female human being of any age (s. 2(35)).
  • The complaint can be made at any police station, and a woman police officer or woman officer must record it (BNSS s. 173(1)).
  • A police officer who fails to record the information commits an offence punishable with six months to two years (BNS s. 199(c)).
  • The case cannot be ended by a compromise: section 74 is not in the compounding tables of BNSS s. 359, unlike section 79.

What BNS 74 covers

The section is made out when each of the elements below is present. They are set out in the order the Act states them.

  1. An assault, or the use of criminal force

    Force used intentionally without her consent, to commit an offence or cause injury, fear or annoyance (s. 129) — or a gesture or preparation that makes her expect it (s. 130). Words alone are not an assault; words meant to insult her modesty fall under section 79.

    and
  2. Against a woman

    A female human being of any age (s. 2(35)). For a girl under eighteen, the POCSO Act may also apply.

    and
  3. Intending to outrage her modesty, or knowing it is likely to

    Either state of mind is enough. The Sanhita does not define modesty.

From the text of section 74, read with sections 129 and 130.

Section 354 and the offences around it: the numbers now
  • BNS 74was IPC 354this page

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

    1 to 5 years, and fine. Cognizable · Non-bailable · Any Magistrate · Not compoundable

  • BNS 75was IPC 354A

    Sexual harassment

    75(2): Rigorous imprisonment up to 3 years, or fine, or both. Cognizable · Non-bailable · Court of Session · Not compoundable

    75(3): Cognizable · Non-bailable · Court of Session · Not compoundable

  • BNS 76was IPC 354BMarked changed

    Assault or use of criminal force to woman with intent to disrobe

    Cognizable · Non-bailable · Court of Session · Not compoundable

  • BNS 77was IPC 354CMarked changed

    Voyeurism

    77: Cognizable · Bailable · Court of Session · Not compoundable

    77: Cognizable · Non-bailable · Court of Session · Not compoundable

  • BNS 78was IPC 354D

    Stalking

    78(2): Cognizable · Bailable · Any Magistrate · Not compoundable

    78(2): Cognizable · Non-bailable · Any Magistrate · Not compoundable

  • BNS 79was IPC 509

    Word, gesture or act intended to insult modesty of a woman

    Simple imprisonment up to 3 years, and fine. Cognizable · Bailable · Any Magistrate · Compoundable by the woman, with the court’s permission

Old numbers from the Ministry of Home Affairs table. Classification (First Schedule, printed page 178) and compounding (BNSS s. 359) are shown only for rows verified for publication.

Is BNS 74 bailable, cognizable and compoundable?

Arrest, bail and the court come from the First Schedule to the BNSS; compounding comes from section 359. What follows from each label is given with it.

  • Arrest
    Cognizable

    The police may register a case and begin investigating on their own, and may arrest without a warrant from a Magistrate. You do not need a court order to get an investigation started.

  • Bail
    Non-bailable

    Non-bailable means bail is not an automatic right. Under BNSS section 480, the officer in charge of a police station or the competent court may grant bail, subject to the restrictions applicable to offences punishable with death or imprisonment for life and the other conditions in that section. The High Court and Court of Session have separate bail powers under section 483.

  • Compounding
    Not compoundable

    The complainant cannot end the case by settling it. BNSS s. 359 lists every offence that may be compounded and this one is not on either list, so only the court can end the case.

  • Tried by
    Any Magistrate

    Triable by any Magistrate, which in practice means the Judicial Magistrate the case is allotted to locally.

Read from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (printed page 178), and section 359 for compounding.

Punishment for BNS 74, against the offences around it

Section 74 has a floor as well as a ceiling: at least one year, up to five, and the offender is also liable to fine. Voyeurism and stalking carry more on a second or subsequent conviction than on a first.

Maximum punishment: section 74 and the offences next to it
  • BNS 76 — assault with intent to disrobe3 to 7 years, and fine
  • BNS 77 — voyeurism, second or later conviction3 to 7 years, and fine
  • BNS 74this page1 to 5 years, and fine
  • BNS 78(2) — stalking, second or later convictionup to 5 years, and fine
  • BNS 75(2) — sexual harassment, clauses (i)–(iii)up to 3 years, or fine, or both
  • BNS 79 — word, gesture or actup to 3 years, and fine
  • BNS 75(3) — sexually coloured remarksup to 1 year, or fine, or both

From the section text. A first conviction for voyeurism carries 1 to 3 years and fine, and for stalking up to 3 years and fine. A maximum is a ceiling, not what a court awards.

What happens, and how long each part takes

  1. Report at any police stationthe day she reports

    Recorded by a woman police officer or woman officer, with a copy given to her free of cost at once (BNSS s. 173(1), (2)).

    The station will not record it? What to do next, step by step →

  2. Her statementas soon as the police know

    Recorded by a woman officer (s. 180(3)), and by a Magistrate — a woman Magistrate as far as practicable, or otherwise with a woman present (s. 183(6)(a)).

  3. From here, the police and the court set the pace

    She does not have to drive the case forward. The law gives her the right to be told of progress and to receive the case papers; an advocate, including a free one through legal aid, can follow it for her.

    Preliminary enquiry, if permittedup to 14 days

    Only with a Deputy Superintendent’s prior permission, to see whether there is a prima facie case (s. 173(3)).

  4. Investigationno fixed limit; a progress update within 90 days

    To be completed without unnecessary delay, with the informant or victim told of progress within ninety days (s. 193(1), (3)).

  5. Copies of the case paperswithin 14 days of the accused appearing

    The police report and statements, free of cost, if she is represented by an advocate (s. 230).

  6. Trial before a Magistratedepends on the court

    Triable by any Magistrate, in open court unless the Magistrate orders the public excluded (s. 366(1)).

The time limits are those the BNSS sets. Unlike rape, section 74 has no two-month limit for the investigation.

Harassment at work, online, or of a girl under eighteen

At work, the POSH Act gives a separate complaint route to an Internal or Local Committee, and it applies “in addition to and not in derogation of” any other law (POSH Act s. 28). A woman can use both. The employer must assist her if she chooses to file a criminal complaint (s. 19(g)).

Online, watching or capturing the image of a woman in a private act, or sharing it, is voyeurism under BNS 77 — including where she agreed to the image but not to it being shared (s. 77, Explanation 2). A man who monitors a woman’s use of the internet, e-mail or other electronic communication commits stalking (s. 78(1)(ii)). The Information Technology Act adds its own offences for private images and sexually explicit material.

For a girl under eighteen, the POCSO Act is a special law for children, with its own reporting duty, Special Courts and child-friendly procedure.

Reporting under BNS 74: what the police must do

Information can be given at any police station, whatever the area — orally, in writing, or electronically and signed within three days. When the woman reports it herself, a woman police officer or woman officer must record it, and she is given a copy free of cost at once (BNSS s. 173(1), (2)). Her later statement is also recorded by a woman officer (s. 180(3)), and a Magistrate records it as soon as the police know of the offence — a woman Magistrate as far as practicable (s. 183(6)(a)).

Because the maximum punishment is five years, the officer in charge may, with the prior permission of a Deputy Superintendent of Police, hold a preliminary enquiry of up to fourteen days into whether there is a prima facie case before investigating (s. 173(3)).

If the station will not record the information, she can send its substance by post to the Superintendent of Police, and then apply to a Magistrate (s. 173(4)). An officer who fails to record it commits an offence punishable with six months to two years (BNS s. 199(c)).

Information can be given at any police station. If the station will not record it, she can send it by post to the Superintendent of Police, and then apply to a Magistrate.

  1. Question 1: Did the police station record the information?

    Any police station, whatever the area — orally, in writing, or electronically and signed within three days. When she reports it herself, a woman police officer or woman officer records it (BNSS s. 173(1)).

    • If yes

      Where this leads
      Recorded — a free copy at once

      She is given a copy free of cost at once (s. 173(2)). Because the maximum is five years, the officer may first hold a preliminary enquiry of up to fourteen days, with a Deputy Superintendent of Police’s prior permission (s. 173(3)).

      Support: compensation, legal aid and privacy →

    • If no — the station will not record it

      Your next step
      Send it to the Superintendent of Police, then apply to a Magistrate

      She can send its substance by post to the Superintendent of Police, and then apply to a Magistrate (s. 173(4)). An officer who fails to record it commits an offence punishable with six months to two years (BNS s. 199(c)).

      Support: compensation, legal aid and privacy →

Support after an assault: compensation, legal aid and privacy

Compensation does not depend on a conviction. Every State has a victim compensation scheme: the legal services authority decides the amount, can award it where the offender is never identified, and can order free first aid or medical benefits in the meantime (BNSS s. 396). A court that convicts can also direct that part of the fine be paid to her for the loss or injury caused (s. 395(1)(b)).

Free legal services are an entitlement for every woman, arranged through the District Legal Services Authority. If she has an advocate, she receives the police report and statements free within fourteen days of the accused appearing (s. 230).

Some protections that apply to rape do not name section 74: the two-month investigation limit (s. 193(2)), free treatment at every hospital (s. 397), the offence of publishing a victim’s identity (BNS s. 72) and compulsory in-camera trial (s. 366(2)). A Magistrate may still order that the public be excluded from a hearing (s. 366(1)).

More questions about this page

What is IPC 354 in BNS?▼
Section 354 of the Indian Penal Code is now section 74 of the Bharatiya Nyaya Sanhita. The Government’s table lists it as renumbered, and section 74 carries one to five years’ imprisonment and fine. An offence committed before 1 July 2024 is still charged under section 354, because the repeal of the old Code saves liability already incurred under it (BNS s. 358).
Can a case under BNS 74 be settled by compromise?▼
No. Section 359 of the BNSS lists every offence that can be compounded, and section 74 is not on it, so the case cannot be ended by an agreement between the parties. Section 79 — words, gestures or acts intended to insult a woman’s modesty — is different: the woman concerned can compound it, with the permission of the court.
Can I file a molestation complaint at a police station in another area?▼
Yes. Section 173(1) of the BNSS allows information about a cognizable offence to be given to any police station, “irrespective of the area where the offence is committed”. It can be given orally, in writing or electronically. When the woman gives it herself, a woman police officer or woman officer must record it, and she receives a copy free of cost.
What can I do if the police refuse to register my complaint under BNS 74?▼
Send the substance of the complaint in writing, by post, to the Superintendent of Police, who must investigate or direct an investigation if it discloses a cognizable offence; failing that, apply to a Magistrate (BNSS s. 173(4)). An officer who fails to record information about an offence under section 74 is punishable with six months to two years and fine (BNS s. 199(c)).
Is sexual harassment at the workplace a POSH complaint or a police case?▼
It can be both. The POSH Act applies in addition to, and not in derogation of, any other law (s. 28), so an Internal Committee complaint and a police complaint can run side by side. Sexual harassment is an offence under BNS 75, and assault or criminal force under section 74. The employer must assist her if she chooses to file a criminal complaint (POSH Act s. 19(g)).
What is the difference between BNS 74, BNS 75 and BNS 79?▼
Section 74 needs an assault or criminal force, with intent to outrage modesty or knowledge that it is likely. Section 75 covers sexual harassment: unwelcome physical contact and explicit sexual overtures, a demand for sexual favours, showing pornography against her will, or sexually coloured remarks. Section 79 covers words, sounds, gestures or objects meant to insult her modesty, and intruding on her privacy.

Official sources checked

The statutes, rules and regulator pages the statements on this page were checked against.

What to do next

You do not have to work through this alone. A lawyer can explain your rights at each step, and legal services authorities provide one free to everyone the law makes eligible — including every woman and every child.

If you cannot pay for one, you do not have to

Free legal services are a legal entitlement, not charity. Under section 12 of the Legal Services Authorities Act, 1987 they are available to anyone in custody, every woman and every child, members of a Scheduled Caste or Scheduled Tribe, persons with disabilities, victims of trafficking or of a disaster or caste atrocity, industrial workers, and anyone whose income is below the limit their State sets — provided the legal services authority is satisfied there is a case to bring or defend (section 13).

  • NALSA — National Legal Services Authority
  • NALSA legal aid helpline (toll-free): 15100
  • Your District Legal Services Authority. Every district has one, at the district court, and it is the office that arranges a lawyer.
  • Women Helpline (toll-free, 24 hours): 181Run under the Ministry of Women and Child Development, which lists it as operational in every State and UT except West Bengal. In an emergency it connects to 112, the national emergency number.

Not legal advice. This page explains what a provision says and how the procedure around it works, checked against the Act as in force on the date shown. It is not advice about a charge, a complaint or an arrest, and it cannot be: whether a provision fits a set of facts is the question a court decides, and the facts a page cannot see are usually the ones that matter. If you are facing a criminal matter, or deciding whether to start one, speak to an advocate.

Editor checked against primary sourcesEditorial Policy

Last reviewed September 2026.

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