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

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Court of Session
Non-Bailable
Cognizable
Formerly Sec 354B IPC
Section 75 All 358 Sections of Bharatiya Nyaya Sanhita Section 77

Legal Commentary & Landmark Judgments: Section 76

Section 76 penalizes assault or use of criminal force to a woman with intent to disrobe or compel her to be naked, prescribing mandatory imprisonment of not less than three years extending up to seven years, and fine.

  • Assault or Criminal Force: Infliction of physical force or menacing assault upon a woman.
  • Specific Intention to Disrobe: Done with the specific intent of disrobing or compelling her to be naked in public or private.
  • Non-Bailable Aggravated Offence: Carries a mandatory minimum sentence of three years imprisonment (formerly Section 354B IPC).
Key Landmark Precedents:
  • Tarkeshwar Sahu v. State of Bihar (2006) 8 SCC 560: The Supreme Court affirmed that assault on a woman with intent to outrage modesty or disrobe requires clear proof of physical force coupled with the specific intention to expose her body.
  • State of Punjab v. Major Singh (AIR 1967 SC 63): A three-judge bench held that the essence of modesty and woman's bodily integrity is protected from all acts of depraved physical degradation.
Courtroom Practice & Strategic Litigation Guidance:

In defending an accused charged under Section 76 BNS during property disputes or neighbor scuffles, prove absence of intent to disrobe: show that during a mutual physical scuffle clothes were torn accidentally, disproving the specific intent required under Section 76.

Section 75 All 358 Sections of Bharatiya Nyaya Sanhita Section 77