Section 76

This offence was created to specifically address a particularly humiliating and violent form of assault on women — stripping or disrobing — which had often been prosecuted only under general assault or outrage-of-modesty laws that did not fully capture its severity. Public outrage over incidents where women were paraded naked or forcibly disrobed as an act of humiliation or intimidation (such as caste-based or communal violence, or mob attacks) pushed lawmakers to create a distinct, more severely punished offence. It was introduced through amendments after the 2012 Delhi gang-rape case reforms (originally as Section 354B of the Indian Penal Code) and has now been carried forward into the Bharatiya Nyaya Sanhita, 2023 as Section 76.

Courts have generally held that this offence requires proof of a specific intention to disrobe or make the woman naked — not just an intention to outrage her modesty in general terms. Judgments under the earlier, identically worded Section 354B IPC have emphasized that the act must be accompanied by assault or use of criminal force, and that abetment (helping or encouraging another person to commit the act) is equally punishable. Courts have also treated this as a grave offence deserving a mandatory minimum sentence, reflecting the seriousness with which the law treats such humiliation.

• Myth: This law only applies if the woman is completely undressed.
  Fact: The law applies even if the attempt to disrobe or make her naked is not fully successful — the key element is the intention and the act of assault or force with that purpose.
• Myth: Only the person who physically disrobes the woman can be punished.
  Fact: The law also punishes anyone who abets (helps, encourages, or assists) such an act, not just the main perpetrator.