Introduction
The offence of outraging the modesty of a woman addresses everyday forms of sexual harassment that violate dignity without necessarily involving sexual intercourse. Indian criminal law has long recognised this offence as a safeguard against acts that demean or humiliate women. Section 354 of the Indian Penal Code, 1860, served this purpose for decades. With the coming into force of the Bharatiya Nyaya Sanhita, 2023, Section 69 replaces Section 354 IPC. While the core protection remains intact, the new provision refines the language and strengthens alignment with constitutional values of dignity and gender justice.
What conduct did Section 354 IPC criminalise?
Section 354 IPC punished any act where a person assaulted or used criminal force against a woman with the intention to outrage her modesty, or with knowledge that such an act would outrage her modesty. The provision prescribed imprisonment of one to five years, along with fine. Courts interpreted “modesty” broadly, linking it to a woman’s dignity, self-respect, and bodily autonomy.
Judicial decisions played a key role in shaping this offence. In State of Punjab v. Major Singh, the Supreme Court clarified that modesty is an attribute associated with female dignity and does not depend on age. This interpretation ensured wide protection against inappropriate physical conduct.
How does Section 69 BNS redefine outraging modesty?
Section 69 of the Bharatiya Nyaya Sanhita substantially carries forward the offence defined under Section 354 IPC. The essential ingredients of assault or criminal force, coupled with the intention or knowledge of outraging modesty, remain unchanged. However, the BNS uses clearer and more direct language, removing colonial phrasing that often caused interpretative difficulty.
By simplifying statutory drafting, Section 69 improves accessibility and understanding. This change benefits victims, police officers, and courts by making the offence easier to identify and apply without altering its legal substance.
Has the punishment changed under Section 69 BNS?
The punishment structure under Section 69 BNS remains consistent with the IPC framework. The offence continues to attract imprisonment and fine, reflecting the seriousness of violating a woman’s dignity. Courts retain discretion to determine appropriate punishment based on the facts of each case.
This continuity signals that the legislature does not view offences against women’s dignity as minor or symbolic. Instead, it reinforces the need for accountability and deterrence.
How does intention and knowledge operate under the new law?
Like Section 354 IPC, Section 69 BNS requires proof of intention or knowledge. The prosecution must show that the accused either intended to outrage the woman’s modesty or knew that his act was likely to do so. This mental element distinguishes criminal conduct from accidental contact.
Courts continue to rely on surrounding circumstances, conduct of the accused, and the nature of the act to infer intention. The BNS does not dilute this requirement but clarifies its application through better drafting.
Does Section 69 BNS strengthen protection for women?
Section 69 operates within a broader reformative framework introduced by the Bharatiya Nyaya Sanhita. The new criminal law ecosystem emphasises dignity, equality, and victim-centric justice. While the offence itself remains substantively the same, procedural reforms under the BNS improve reporting, investigation, and trial efficiency.
The simplified language also helps reduce ambiguity, ensuring that offenders cannot escape liability through technical interpretations.
How does this offence differ from other sexual offences under BNS?
Outraging modesty addresses acts that fall short of sexual assault or rape but still violate personal dignity. It covers inappropriate touching, use of force, or gestures that humiliate or degrade a woman. Section 69 BNS continues to serve as an important protective provision, bridging the gap between minor harassment and more serious sexual offences.
This distinction ensures proportional punishment while recognising the seriousness of non-penetrative sexual violence.
Conclusion
Section 69 BNS replaces Section 354 IPC without weakening the protection available to women. The offence, mental element, and punishment remain largely unchanged. What the Bharatiya Nyaya Sanhita introduces is clearer drafting and better alignment with constitutional values of dignity and gender justice. By retaining strong safeguards against acts that outrage a woman’s modesty, the new law reinforces the State’s commitment to protecting women from everyday forms of sexual violence.
