Section 354 of the Indian Penal Code, 1860 criminalised assault or use of criminal force on a woman with intent to outrage her modesty and has been replaced by Section 74 of the Bharatiya Nyaya Sanhita, 2023, effective 1 July 2024. The punishment — minimum one year, maximum five years imprisonment with fine — remains the same as the post-2013 amendment version of IPC 354. The key change is structural: BNS groups all offences against women (Sections 63-99) into a dedicated chapter.
What changed
| Old law | New law | |
|---|---|---|
| Act | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Section | 354 | 74 |
| Title | Assault or criminal force to woman with intent to outrage her modesty | Assault or use of criminal force to woman with intent to outrage her modesty |
| Change type | Expanded — reorganised under dedicated chapter for offences against women |
Full statutory text
Section 354 IPC (repealed w.e.f. 1 July 2024)
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.
Section 74 BNS
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.
Key differences
Text substantively identical: The offence definition, mental element (intention or knowledge), and punishment (minimum one year, maximum five years with fine) are the same under both provisions.
Structural reorganisation: Under the IPC, Section 354 was placed in Chapter XVI (Offences Affecting the Human Body) alongside general assault provisions. Under BNS, Section 74 is placed within Chapter V (Offences Against Woman and Child), creating a dedicated legislative framework for gender-based offences.
Companion provisions grouped together: BNS Sections 74-78 consolidate all modesty and sexual offence provisions — assault to outrage modesty (74), sexual harassment (75), intent to disrobe (76), voyeurism (77), and stalking (78) — in consecutive sections, mirroring the IPC 354-354D sequence but within a thematically unified chapter.
Nature of offence unchanged: The offence remains cognisable, non-bailable, and non-compoundable.
No change to "modesty" interpretation: The BNS does not define "modesty," meaning courts will continue to rely on the existing judicial interpretation.
What this means for practitioners
For drafting and citations: All FIRs, charge sheets, and court filings for offences committed on or after 1 July 2024 must cite Section 74 BNS instead of Section 354 IPC. Related charges should reference the corresponding BNS provisions: Section 75 (sexual harassment), Section 76 (disrobing), Section 77 (voyeurism), Section 78 (stalking).
For pending cases: Cases under IPC 354 for offences committed before 1 July 2024 continue under the old provision. Since the punishment is identical, the transition creates no sentencing disparity.
For new cases: Prosecution and defence strategies remain fundamentally unchanged. The prosecution must establish: (a) assault or use of criminal force, (b) directed at a woman, and (c) with intent to outrage or knowledge of likely outrage to her modesty. The structural reorganisation under BNS may, however, influence judicial interpretation by signalling stronger legislative intent to treat offences against women as a distinct and prioritised category.
Does old case law still apply?
Vishaka v. State of Rajasthan (1997) 6 SCC 241 — While primarily a sexual harassment case that laid down the Vishaka Guidelines (later replaced by the Sexual Harassment of Women at Workplace Act, 2013), this decision's broader observations on the right to dignity and gender equality under Articles 14, 15, 19, and 21 continue to inform the interpretation of modesty-related offences. The Vishaka framework remains relevant for understanding the constitutional underpinning of BNS Sections 74-78.
Rupan Deol Bajaj v. K.P.S. Gill (1995) 6 SCC 194 — The Supreme Court upheld the conviction of a senior police officer under Section 354 IPC for slapping a woman on her posterior at a dinner party. The Court held that "modesty" is an attribute associated with female gender, and any act intended to or known to be likely to outrage such modesty attracts the provision. This interpretation of "modesty" remains the governing standard under BNS 74.
Both decisions remain fully applicable under BNS 74.
Judicial interpretation under BNS 74 (post-July 2024)
No post-July 2024 Delhi High Court cases directly citing Section 74 BNS were found in the Veritect database. The available Delhi HC decisions from late 2024 and 2025 — including Anupender v. State of NCT of Delhi (P. 739/2024, 28 February 2025) and Mukesh Kumar v. State (A. 598/2024, 3 December 2025) — continued to adjudicate under Section 354 IPC because the underlying offences pre-dated 1 July 2024.
Emerging patterns
Based on available post-July 2024 orders, the initial judicial approach suggests:
- Continuity of IPC application for pre-2024 offences: Courts are consistently applying Section 354 IPC to offences committed before 1 July 2024, confirming the transitional framework operates as intended.
- No interpretive shift anticipated: Since BNS 74 is textually identical to IPC 354, the existing body of precedent on "modesty," intent, and evidentiary standards is expected to apply without modification.
- Probation remains available: The Delhi HC in Jitender v. State (A. 1134/2017, 15 December 2025) granted probation under the Probation of Offenders Act, 1958 for a Section 354 IPC conviction, indicating that reformative sentencing options continue to apply to modesty-related offences.
Frequently asked questions
What is the BNS equivalent of Section 354 IPC? Section 74 of the Bharatiya Nyaya Sanhita, 2023 is the direct equivalent of Section 354 IPC. The text, punishment (minimum one year, maximum five years with fine), and nature of the offence are identical.
Does old case law on Section 354 IPC still apply? Yes. Since the provision is substantively identical, all Supreme Court precedent — including the interpretation of "modesty" from Rupan Deol Bajaj (1995) — continues to apply under BNS 74.
Which section applies to cases before 1 July 2024? Section 354 IPC applies to all offences committed before 1 July 2024. Section 74 BNS applies to offences committed on or after 1 July 2024.
What is the minimum punishment for outraging modesty? Under both Section 354 IPC (post-2013 amendment) and Section 74 BNS, the minimum punishment is one year imprisonment. The maximum is five years imprisonment with fine.