This law only applies if the woman was dressed 'modestly' or behaved in a certain way.

Courts have clarified that a woman's modesty is a legal attribute she possesses regardless of her clothing, age, or conduct — the law protects her dignity in all circumstances.

The act must be overtly sexual to count as an offence under this section.

Courts have held that any act intending or likely to outrage a woman's modesty counts, even if not explicitly sexual, as long as it insults her dignity as a woman.

Bharatiya Nyaya Sanhita, 2023

Section 74

Assault or use of criminal force to woman with intent to outrage her modesty

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.§

Why this exists

This provision continues the protection first introduced in the Indian Penal Code, 1860 (as Section 354), aimed at safeguarding women's bodily dignity from physical acts that are sexual or humiliating in nature but may fall short of more serious sexual offences. Over time, especially after the 2013 criminal law amendments following the Nirbhaya case, the punishment was made more stringent, including a mandatory minimum sentence, to reflect society's stronger stance against such acts.

How courts read it

Under the earlier identical IPC Section 354, courts clarified that 'modesty' is an attribute associated with being a woman, regardless of her age, and does not depend on her individual behavior or attire. The Supreme Court, in cases like State of Punjab v. Major Singh, held that even a female infant possesses 'modesty' that can be outraged. Courts have also emphasized that the act need not be sexually motivated in a narrow sense — it is enough that a reasonable person would perceive the act as an affront to a woman's modesty, and that the accused knew or intended this likely outcome.

Common misconceptions

Myth: This law only applies if the woman was dressed 'modestly' or behaved in a certain way.
Fact: Courts have clarified that a woman's modesty is a legal attribute she possesses regardless of her clothing, age, or conduct — the law protects her dignity in all circumstances.
Myth: The act must be overtly sexual to count as an offence under this section.
Fact: Courts have held that any act intending or likely to outrage a woman's modesty counts, even if not explicitly sexual, as long as it insults her dignity as a woman.