Assault
The BNS organizes these offenses under Chapter V, titled “Of Offences against Woman and Child,” thereby granting them a specific and significant position within the new penal code.
1. Assault or Criminal Force to Outrage Modesty
This is the most prevalent offense in this category, aimed at safeguarding a woman’s dignity.
- BNS Section: Section 74 (Corresponding to IPC Section 354).
- Offence Defined: Any individual who assaults or employs criminal force against a woman, with the intent to outrage or with knowledge that such actions are likely to outrage her modesty.
- Punishment: Imprisonment for a duration of no less than one year, which may extend to five years, and may also include a fine.
2. Sexual Harassment
This section addresses both non-physical and specific physical forms of unwelcome behavior.
BNS Section: Section 75 (Corresponding to IPC Section 354A).
Offence Defined: Any man who engages in any of the following actions:
- Physical contact and advances that involve unwelcome and explicit sexual overtures.
- A demand or solicitation for sexual favors.
- Displaying pornography against a woman’s will.
- Making remarks of a sexual nature.
- Punishment:
- For acts (1), (2), or (3) above (physical or overt demands): Rigorous imprisonment for a term that may extend to three years, or a fine, or both.
- For act (4) (making sexually colored remarks): Imprisonment of any description for a term that may extend to one year, or a fine, or both.
3. Assault with Intent to Disrobe
This provision addresses the particularly egregious and humiliating act of forcing a woman to be naked.
- BNS Section: Section 76 (Corresponding to IPC Section 354B).
- Offence Defined: Any man who assaults or employs criminal force against a woman, or abets such an act, with the intention of disrobing her or compelling her to be naked.
- Punishment: Imprisonment for a term that shall not be less than three years, which may extend to seven
4. Demeaning a Woman’s Modesty
This section addresses non-physical actions aimed at undermining a woman’s dignity.
- BNS Section: Section 79 (Corresponding to IPC Section 509).
- Definition of Offence: Any individual who, with the intention of insulting the modesty of a woman, utters any word, produces any sound or gesture, or displays any object, with the intent that such word or sound is to be heard, or that such gesture or object is to be seen by that woman.
- Consequences: Imprisonment of any kind for a duration that may reach up to one year, or a monetary fine, or both.