Sexual Offences Against Women under BNS: Chapter V (Sections 63 to 79) Explained

Chapter V of the Bharatiya Nyaya Sanhita, 2023, titled Offences Against Woman and Child, gathers the criminal law's response to sexual violence and to offences against the dignity, autonomy and safety of women. The chapter covers rape and its aggravated forms (Sections 63 to 71), assault to outrage modesty (Section 74), sexual harassment (Section 75), disrobing (Section 76), voyeurism (Section 77), stalking (Section 78), and words or gestures insulting modesty (Section 79). Two auxiliary sections (Sections 72 and 73) protect the identity of victims. This module walks through the structure of the chapter, the historical evolution from the IPC through the post-Nirbhaya amendments, and each of the substantive provisions. Rape and its aggravated forms are treated in more detail in the module on Section 63 BNS, and attempt to rape in its own module.

1. Introduction and Structural Overview

Chapter V of the BNS in outline

Chapter V of the Bharatiya Nyaya Sanhita, 2023, brings together in one place offences that the IPC had scattered across multiple chapters. Sections 63 to 71 deal with rape and its aggravated forms. Sections 72 and 73 protect the identity of victims. Sections 74 to 79 deal with offences that affect the dignity, autonomy, and physical safety of women short of rape. Sections 80 to 99 deal with offences against children and against marriage (dowry death, cruelty by husband, and related offences). This module focuses on Sections 63 to 79, the sexual offences against women.

Continuity from the IPC to the BNS

The BNS substantially retains the framework of sexual offences from the IPC as amended in 2013 and 2018. The section numbers change, but the substantive provisions and the punishments are largely the same. Two significant additions in the BNS deserve note: Section 69 (sexual intercourse by employing deceitful means), and the fact that Sections 74 to 79 are gathered in the same chapter as rape, giving the framework a more coherent structure.

Reading order for the module

This module provides an overview of Chapter V. For a detailed treatment of rape (Section 63) and its aggravated forms (Sections 64 to 71), see the module on the Offence of Rape. For attempt to rape, see the module on Attempt to Rape. This module dwells in more detail on Sections 74 to 79, which are the offences below the threshold of rape but nonetheless serious sexual and dignitary wrongs.

2. Historical Evolution

The IPC framework as originally enacted (1860)

The Indian Penal Code, 1860, contained the offence of rape in Section 375 and the punishment in Section 376. It contained the offence of assault to outrage modesty in Section 354 and the offence of words insulting modesty in Section 509. The framework was minimalist by modern standards: it captured the core offences but did not address sexual harassment, voyeurism, stalking, or many of the specific vulnerabilities of women. Marital rape was expressly excluded (as it still largely is under the BNS).

The Criminal Law (Amendment) Acts of 1983, 2013 and 2018

1983 Amendment (Section 376(2) and 376A-D IPC). Following the Mathura case, the amendment introduced aggravated forms of rape (rape in custody, gang rape, rape of pregnant woman) with enhanced punishments and a presumption against consent in specified cases.
2013 Amendment (Criminal Law (Amendment) Act, 2013). Following the December 2012 Delhi gang rape, the Justice J. S. Verma Committee recommended sweeping reforms. Section 375 was significantly widened to include non peno vaginal penetration. Sexual harassment (Section 354A), disrobing (Section 354B), voyeurism (Section 354C), and stalking (Section 354D) were added. Punishments were enhanced across the board.
2018 Amendment (Criminal Law (Amendment) Act, 2018). Following the Kathua case, minimum punishments were further enhanced. Rape of a woman below 16 years was made an aggravated form (Section 376(3) IPC), and rape of a woman below 12 years was made punishable with death (Section 376AB IPC).

The BNS consolidation (2023)

The Bharatiya Nyaya Sanhita retains the 2013 and 2018 reforms in substance and consolidates them into Chapter V. Section numbers change, and the chapter structure is more coherent. The BNS adds Section 69 (sexual intercourse by employing deceitful means such as false promise of marriage, false identity, or false promise of employment), addressing a category of conduct that had previously been prosecuted under Section 375 IPC on the theory of consent by misconception, and codifying it as a separate offence.

3. The Criminal Law (Amendment) Act, 2013 (Post Nirbhaya)

The Justice J. S. Verma Committee

The Justice J. S. Verma Committee was constituted in December 2012, days after the fatal Delhi gang rape. It comprised Justice J. S. Verma (former Chief Justice of India), Justice Leila Seth, and Gopal Subramanium. The committee submitted its report within thirty days. Its recommendations shaped the Criminal Law (Amendment) Act, 2013, and continue to shape the framework of the BNS. Not all recommendations were accepted (notably, the committee's recommendation to criminalise marital rape was not adopted).

The 2013 reforms in outline

Key 2013 reforms retained in the BNS

Definition of rape substantially widened to include non peno vaginal penetration (oral, anal, digital, object) and to include any of the specified forms of penetration.
Age of consent raised from sixteen to eighteen years.
New offences added: sexual harassment (Section 354A IPC, now Section 75 BNS); assault to disrobe (Section 354B IPC, now Section 76 BNS); voyeurism (Section 354C IPC, now Section 77 BNS); stalking (Section 354D IPC, now Section 78 BNS).
Punishments enhanced: rape now carries minimum 10 years rigorous imprisonment, extending to life; aggravated forms carry minimum 20 years, extending to life or death.
Consent given by a person who is unable to communicate consent is not consent (Section 375 IPC, Explanation 2; retained in Section 63 BNS).
Trial procedure amended: presence of a female judge preferred, in camera trial, video conferencing for the victim's testimony, and prohibition on questioning the victim's character.

The retention of the reforms in the BNS

The BNS retains all these reforms in substance. The Bharatiya Nagarik Suraksha Sanhita, 2023, retains the procedural safeguards. The Bharatiya Sakshya Adhiniyam, 2023, retains the evidentiary reforms including the prohibition on cross examination on the victim's sexual history (Section 148 BSA, formerly Section 146 IEA).

4. Rape and Aggravated Forms: Sections 63 to 71 (Overview)

The core offence and its aggravated variants

Sections 63 to 71 BNS constitute the core sexual offences framework:

Provision	Notes
Rape: definition, elements and consent framework.	Section 63 BNS (formerly Section 375 IPC).
Punishment for rape: minimum 10 years rigorous imprisonment, extending to life, with fine.	Section 64 BNS (formerly Section 376 IPC).
Punishment for rape of a woman under 16 years (aggravated) and under 12 years (further aggravated).	Section 65 BNS (formerly Section 376(3) and 376AB IPC). Under 12: minimum 20 years, extending to life or death.
Punishment for causing death or persistent vegetative state.	Section 66 BNS (formerly Section 376A IPC). Minimum 20 years, extending to life or death.
Sexual intercourse by a husband with his wife during separation.	Section 67 BNS (formerly Section 376B IPC). Punishable with imprisonment 2 to 7 years.
Sexual intercourse by a person in authority (superintendent of jail, medical staff, etc.).	Section 68 BNS (formerly Section 376C IPC). Minimum 5 years, extending to 10 years.
Sexual intercourse by employing deceitful means: false promise of marriage, false identity, false promise of employment.	Section 69 BNS (new provision, not in IPC). Punishable with imprisonment up to 10 years.
Gang rape.	Section 70 BNS (formerly Section 376D IPC). Minimum 20 years, extending to life or death (of all participants).
Repeat offenders (persons previously convicted of certain sexual offences).	Section 71 BNS (formerly Section 376E IPC). Punishable with life imprisonment or death.

Detailed treatment in a separate module

A separate module in this series treats Section 63 and the aggravated forms in detail. The present module focuses on the offences short of rape, gathered in Sections 74 to 79.

5. Section 74 BNS: Assault or Criminal Force to Outrage Modesty

Section 74 BNS (formerly Section 354 IPC)

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.

The section punishes assaults and use of criminal force intended, or known to be likely, to outrage a woman's modesty. Key features:

Actus reus: assault or use of criminal force. Physical touching is not required in all cases; it is enough that the conduct constitutes an assault (which may be by threatening gesture) or the use of criminal force.
Mens rea: intention to outrage modesty, or knowledge that modesty is likely to be outraged.
Modesty: not defined in the section. Judicially interpreted as the sense of feminine decency and dignity. What outrages modesty is a question of fact in each case.
Minimum punishment: one year rigorous imprisonment. Maximum: five years.

📖 Rupan Deol Bajaj v. K. P. S. Gill, (1995) 6 SCC 194

A senior police officer slapped the buttocks of a senior woman civil servant at a social gathering. The Supreme Court held that this was an outrage of modesty under Section 354 IPC (now Section 74 BNS), and that Section 95 IPC (triviality) did not apply. The judgment establishes that outraging modesty is a serious offence and is not to be trivialised.

6. Section 75 BNS: Sexual Harassment

Section 75(1) BNS (formerly Section 354A IPC)

A man committing any of the following acts:

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,

shall be guilty of the offence of sexual harassment.

Section 75(2) BNS: punishment

For acts (i), (ii) and (iii): rigorous imprisonment up to three years, or fine, or both.
For act (iv) (sexually coloured remarks): imprisonment up to one year, or fine, or both.

Section 75 was introduced by the 2013 amendment in the aftermath of the Nirbhaya case. It codifies the offence of sexual harassment, addressing a range of conduct from unwelcome physical advances to sexually coloured remarks. The section builds on the Supreme Court's guidelines in Vishaka v. State of Rajasthan, (1997) 6 SCC 241.

📖 Vishaka v. State of Rajasthan, (1997) 6 SCC 241

The Supreme Court, in a case arising from the gang rape of Bhanwari Devi, laid down guidelines to protect women from sexual harassment at the workplace. In the absence of specific legislation at the time, the guidelines had the force of law. They were later replaced by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the criminal law aspects were reflected in Section 354A IPC (now Section 75 BNS).

7. Section 76 BNS: Assault or Criminal Force with Intent to Disrobe

Section 76 BNS (formerly Section 354B IPC)

Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

Section 76 addresses the specific evil of disrobing a woman in public, which has historically been used as an instrument of humiliation, particularly in contexts of caste and communal violence. The section requires:

Assault or use of criminal force, or abetment of the same.
Intention to disrobe or to compel the woman to be naked.
Minimum punishment: three years rigorous imprisonment. Maximum: seven years.

The section was added by the 2013 amendment following recommendations of the Verma Committee.

8. Section 77 BNS: Voyeurism

Section 77 BNS (formerly Section 354C IPC)

Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

Section 77 addresses voyeurism, an offence particularly relevant in the digital age. Key features:

Actus reus: watching, capturing the image of, or disseminating the image of a woman engaged in a private act.
Private act: as defined in the Explanation, an act of a nature carried out in a place which would reasonably be expected to provide privacy (bathing, changing clothes, using the toilet, sexual act, etc.).
Consent: the Explanation clarifies that where the victim consents to the capture but not to the dissemination, the dissemination is voyeurism.
Graduated punishment: first offence one to three years; subsequent offence three to seven years.

📖 State of West Bengal v. Animesh Boxi, (2018) SCC OnLine Cal 407

The Calcutta High Court, in what is often called the first Indian conviction for revenge pornography, considered the application of Section 354C IPC (now Section 77 BNS) to the non-consensual dissemination of intimate images. The Court held that dissemination without consent constitutes voyeurism, notwithstanding that the original recording may have been consensual.

9. Section 78 BNS: Stalking

Section 78 BNS (formerly Section 354D IPC)

Any man who:

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, email or any other form of electronic communication,

commits the offence of stalking.

Section 78 BNS: exceptions and punishment

Exceptions where the man can show: (a) it was pursued for the purpose of preventing or detecting crime and the accused had been entrusted with the responsibility; (b) it was pursued under any law or to comply with any condition or requirement imposed by any person under law; or (c) in the particular circumstances such conduct was reasonable and justified.
First conviction: imprisonment up to three years, and fine.
Second or subsequent conviction: imprisonment up to five years, and fine.

Section 78 was added by the 2013 amendment. It criminalises both physical stalking (following, unwanted contact) and cyberstalking (monitoring electronic communications). The offence is triggered by repeated conduct despite a clear indication of disinterest, distinguishing it from a single or ambiguous approach.

10. Section 79 BNS: Word, Gesture or Act Intended to Insult Modesty

Section 79 BNS (formerly Section 509 IPC)

Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

Section 79 covers verbal, gestural and other non physical forms of insult to a woman's modesty. It also covers intrusion upon privacy. Compared to Section 74 (assault to outrage modesty), Section 79 does not require a physical assault; verbal or gestural conduct is enough. The punishment (up to three years simple imprisonment) is less than for Section 74, reflecting the absence of a physical assault.

📖 State of Punjab v. Major Singh, AIR 1967 SC 63

The Supreme Court considered whether a nine month old girl could have her modesty outraged under Section 509 IPC (now Section 79 BNS). The Court held that modesty attaches to every female by virtue of being female, regardless of age. The judgment establishes the broad conception of modesty in Indian criminal law.

11. Sections 72 and 73 BNS: Protection of Victim Identity

Section 72 BNS (formerly Section 228A IPC)

Section 72 punishes the disclosure of the identity of a victim of specified sexual offences. It is an offence to print or publish the name or any matter that would identify the victim. Exceptions apply where the disclosure is by or under the authorisation of the officer in charge of the police station investigating the offence, or by or with the authorisation in writing of the victim, or where the victim is deceased or a minor, by or with the authorisation of the next of kin. Punishment: up to two years and fine.

Section 73 BNS (formerly Section 228A(2) IPC)

Section 73 punishes the printing or publication of proceedings of a court in relation to specified sexual offences without the permission of the court. Punishment: up to two years and fine.

These sections protect the privacy of the victim and prevent secondary victimisation through public exposure.

12. Landmark Judgments

📖 Tukaram v. State of Maharashtra, (1979) 2 SCC 143 (the Mathura case)

The Supreme Court's controversial acquittal of two policemen accused of raping Mathura, a young tribal girl, in police custody. The judgment triggered nationwide protests and led to the 1983 amendments introducing custodial rape as an aggravated form and the presumption against consent in Section 114A IEA (now Section 120 BSA).

📖 State of Punjab v. Gurmit Singh, (1996) 2 SCC 384

The Supreme Court laid down important principles on the evidentiary treatment of rape victims: the testimony of the victim is entitled to great weight, corroboration is not always required, delay in filing FIR is not fatal, and the medical evidence should be considered in totality.

📖 Bhupinder Sharma v. State of Himachal Pradesh, (2003) 8 SCC 551

The Supreme Court reiterated that in cases of rape, the testimony of the prosecutrix, if found reliable, is enough for conviction. Corroboration is a rule of prudence, not law.

📖 Independent Thought v. Union of India, (2017) 10 SCC 800

The Supreme Court read down the marital rape exception in Section 375 IPC (now Section 63 BNS Exception 2) to hold that sexual intercourse by a man with his wife below eighteen years of age is rape. The judgment aligned the age of consent for marital rape with the general age of consent. The broader question of whether the marital rape exception should be struck down remains before higher benches.

📖 Aparna Bhat v. State of Madhya Pradesh, (2021) 3 SCC 407

The Supreme Court issued guidelines against victim blaming, patriarchal stereotyping, and inappropriate bail conditions in sexual offence cases. Courts and magistrates were directed not to require or accept mediation with the accused, not to grant bail on condition of the victim tying a rakhi to the accused, and not to require or mention aspects of the victim's character.

📖 State v. Bharat Chaudhary, (2003) 8 SCC 461

The Supreme Court on the standard of proof required for sexual offences. The victim's testimony, if inspiring confidence, is enough for conviction. The prosecution need not produce independent witnesses.

13. Consolidated Landmark Judgments

Tukaram v. State of Maharashtra, (1979) 2 SCC 143. Mathura case. Led to 1983 amendments.
State of Punjab v. Gurmit Singh, (1996) 2 SCC 384. Evidentiary treatment of rape victims. Corroboration not always required.
Vishaka v. State of Rajasthan, (1997) 6 SCC 241. Sexual harassment at workplace. Guidelines that shaped Section 354A IPC (now Section 75 BNS).
Bhupinder Sharma v. State of Himachal Pradesh, (2003) 8 SCC 551. Victim's testimony sufficient for conviction.
Rupan Deol Bajaj v. K. P. S. Gill, (1995) 6 SCC 194. Outrage of modesty. Section 354 IPC (now Section 74 BNS) not covered by Section 95 IPC (triviality).
State of Punjab v. Major Singh, AIR 1967 SC 63. Modesty attaches to every female regardless of age.
Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1. Nirbhaya case. Death sentence confirmed for gang rape and murder.
Independent Thought v. Union of India, (2017) 10 SCC 800. Marital rape exception read down for wives below 18.
Aparna Bhat v. State of Madhya Pradesh, (2021) 3 SCC 407. Guidelines against victim blaming and patriarchal stereotyping.
State of West Bengal v. Animesh Boxi, (2018) SCC OnLine Cal 407. First Indian conviction for revenge pornography under Section 354C IPC.
Anuja Kapur v. Union of India, (2020) SCC OnLine Del 1200. Delhi High Court on stalking under Section 354D IPC (now Section 78 BNS).
Nipun Saxena v. Union of India, (2019) 2 SCC 703. Protection of victim identity under Section 228A IPC (now Section 72 BNS).

Frequently Asked Questions

What sexual offences against women are covered by the BNS?

Chapter V of the Bharatiya Nyaya Sanhita, 2023, covers rape (Section 63), punishment for rape (Section 64), rape of minor (Section 65), death or persistent vegetative state (Section 66), sexual intercourse during separation (Section 67), sexual intercourse by person in authority (Section 68), sexual intercourse by deceitful means (Section 69), gang rape (Section 70), repeat offenders (Section 71), assault to outrage modesty (Section 74), sexual harassment (Section 75), disrobing (Section 76), voyeurism (Section 77), stalking (Section 78), and words or gestures insulting modesty (Section 79).

What was the Criminal Law (Amendment) Act, 2013?

The 2013 amendment followed the Nirbhaya case and the Justice J. S. Verma Committee's report. It substantially widened the definition of rape (Section 375 IPC), raised the age of consent to eighteen, added new offences (sexual harassment, disrobing, voyeurism, stalking), and enhanced punishments. The BNS retains these reforms in Chapter V.

What is Section 74 BNS?

Section 74 BNS (formerly Section 354 IPC) punishes assault or use of criminal force to a woman with intention or knowledge of outraging her modesty. Punishment is minimum one year and up to five years rigorous imprisonment, and fine. Rupan Deol Bajaj v K P S Gill, (1995) 6 SCC 194, established that the offence is not trivial.

What is Section 75 BNS?

Section 75 BNS (formerly Section 354A IPC) punishes sexual harassment. Four kinds of conduct qualify: (i) physical contact and advances involving unwelcome sexual overtures; (ii) demand or request for sexual favours; (iii) showing pornography against the will of a woman; and (iv) making sexually coloured remarks. Punishments range from one year (sexually coloured remarks) to three years (physical contact, demand, pornography).

What is stalking under Section 78 BNS?

Section 78 BNS (formerly Section 354D IPC) punishes stalking, which includes (i) following a woman and attempting to contact her to foster personal interaction repeatedly despite clear disinterest, and (ii) monitoring her use of electronic communication. First conviction: up to three years and fine. Subsequent conviction: up to five years and fine. Certain law enforcement and legal duty exceptions apply.

What is voyeurism under Section 77 BNS?

Section 77 BNS (formerly Section 354C IPC) punishes voyeurism: watching, capturing the image of, or disseminating the image of a woman engaged in a private act, in circumstances where she would usually expect privacy. First conviction: one to three years and fine. Subsequent conviction: three to seven years and fine. Explanation covers consented capture but non-consented dissemination (a common revenge pornography scenario).

Sexual Offences Against Women BNS