Criminal Force and Assault Against Women under BNS 2023

INTRODUCTION

Criminal force and assault against women are grave offenses that highlight the vulnerability of women in society and the misuse of power and control by perpetrators. Criminal force refers to the intentional use of physical force against a person without their consent, while assault includes any threat or attempt to cause harm that creates a reasonable apprehension of violence. In cases involving women, these offenses often carry additional weight, given the socio-cultural context of gender-based violence. Such acts can range from inappropriate physical contact to life-threatening attacks, and they severely impact the victim's physical, emotional, and psychological well-being. The legal framework strives to provide protection and justice, ensuring that acts of violence or threat against women are penalized to deter such behavior. Additionally, there is an increasing emphasis on ensuring that these laws are sensitively enforced, recognizing the trauma that women experience as victims of such crimes. Society and the legal system together aim to foster an environment where women can live free from fear, and perpetrators of such crimes are held accountable.

Section 74 : Assault or use of criminal force to woman with intent to outrage her modesty

Assault refers to any act that creates a fear of imminent harm or violence in the victim, even if no physical contact happens. Anyone who assaults or uses criminal force against a woman, intending or knowing it will likely offend her modesty, will be punished with imprisonment for at least one year, which can extend up to five years, and may also be fined. Example of Assault: If a man raises his hand threateningly toward a woman, making her believe she is about to be harmed, it is considered assault, even if no physical contact occurs.

Section 75 : Sexual harassment

This provision defines the offence of sexual harassment and its corresponding penalties. It states that a man committing any of the following acts unwanted physical contact or sexual advances, requesting sexual favors, showing pornography against a woman’s will, or making sexually inappropriate remarks will be guilty of sexual harassment. For acts involving physical contact, sexual advances, requests for sexual favors, or showing pornography, the punishment may include up to three years of imprisonment, a fine, or both. For making sexually inappropriate remarks, the punishment may extend to one year of imprisonment, a fine, or both. The case of “Vishaka v. State of Rajasthan” (1997) is a landmark ruling that defines sexual harassment and laid down preventive guidelines, highlighting the seriousness of such offenses in public and workplace environments.

Section 76 : Assault or use of criminal force to woman with intent to disrobe

Anyone who assaults or uses force against a woman, or helps in doing so, with the intent to disrobe her or force her to be naked, will be punished with imprisonment for a term of at least three years, which can extend up to seven years, and may also be fined.  

Illustration:

A group of men forcibly grabs a woman in a public place, attempting to tear off her clothes to humiliate her. Even if they do not succeed in completely disrobing her, the act of using force with the intent to disrobe is enough to constitute the offense. Each person involved in the act or encouraging it would be liable under the law, and if convicted, they would face imprisonment of at least three years, which could extend up to seven years, along with a fine.

Case Example:

In “State of Punjab v. Major Singh (1967)”, the Supreme Court emphasized that any act intended to outrage a woman’s modesty, including attempts to disrobe, constitutes an offense, even if the act is not fully carried out.  

Section 77 : Voyeurism

Illustration:

This section of law criminalizes the act of watching or capturing images of a woman engaged in a private act without her consent, in situations where she reasonably expects privacy. A "private act" refers to instances where the woman's genitals, posterior, or breasts are exposed or covered only in underwear, or when she is using a lavatory or performing a sexual act not ordinarily done in public. If someone captures such images, they can be punished with imprisonment of 1 to 3 years for the first offense, and 3 to 7 years for subsequent offenses, along with a fine.

Moreover, even if the woman consents to the capturing of the images but not their dissemination, distributing those images without her consent is still considered a crime. This provision protects a woman's right to privacy, ensuring that her intimate moments cannot be exploited by others for any purpose. Criminal force used to invade privacy is a serious offense under this law. For example, secretly filming a woman in a bathroom or sharing intimate photos without consent would both fall under this offense.

Scenario 1:

Suppose a woman is using a public bathroom and believes she has privacy. If a person hides a camera inside and captures her while she is in the bathroom (a place where her private parts may be exposed), this constitutes the act of "watching or capturing the image" during a private act. The person who captures the footage can be charged under this law.

Scenario 2:

A woman agrees to let her partner take private photos of her (where her genitals or breasts are visible), but she does not consent to the sharing of those photos with anyone else. If her partner uploads these pictures on social media without her permission, this act of dissemination is also an offense under this section.

The law protects a woman’s right to privacy in sensitive or intimate situations and criminalizes not just the act of capturing such moments but also the unauthorized sharing of these images. Such acts of criminal force highlight the importance of strict legal measures to prevent exploitation and uphold privacy rights.

Section 78 : Stalking

This provision defines and penalizes the offense of stalking. It specifically targets the unwanted behavior of a man who persistently engages in activities to pursue or contact a woman without her consent, despite clear signs of disinterest from her. The section outlines two main forms of stalking and also provides certain exceptions where the behavior may not be considered an offense.

1. Forms of Stalking:

1. • Following a woman and trying to contact her repeatedly despite her indicating disinterest. This means the man keeps pursuing personal interaction even though the woman has clearly shown that she is not interested.
   • Monitoring a woman's use of the internet or electronic communication. This could involve tracking her online activities, such as her emails, social media, or other forms of digital communication.

2. Exceptions: The law provides certain defenses for men accused of stalking. The conduct will not amount to stalking if:

1. • It was done to prevent or detect a crime, and the man had a legal responsibility for crime prevention or detection (e.g., police officers).
   • The behavior was required by law or was done to comply with any legal conditions (e.g., legal obligations under court orders or regulations).
   • The conduct, given the specific circumstances, was reasonable and justified. This could include situations where the man can prove that his actions were appropriate in a particular context.

3. Punishment:

1. • On first conviction, the punishment can be imprisonment up to 3 years and a fine.
   • On a second or subsequent conviction, the imprisonment can extend up to 5 years, along with a fine.

This provision addresses the offense of insulting the modesty of a woman and sets forth penalties for such actions. It criminalizes specific behaviors that are intended to offend or violate a woman's modesty through words, sounds, gestures, or visual objects.

Section 79 : Word, gesture or act intended to insult modesty of a woman.

1. Intent to Insult Modesty:
   • The key element of the offense is that the person must have the intention to insult the modesty of a woman. "Modesty" refers to the sense of decency and dignity that a woman is socially and personally entitled to.
2. Forms of Insult: The provision lists different ways in which a person can insult a woman's modesty:
   • Uttering words: Saying things that are offensive or inappropriate, with the intent that the woman hears them.
   • Making sounds: Any sounds (such as whistling, catcalling, or suggestive noises) intended to insult or degrade a woman when heard by her.
   • Making gestures or exhibiting objects: Showing offensive gestures (like obscene hand signals) or displaying inappropriate objects (such as indecent pictures) in a way that is intended to insult the woman when she sees them.
   • Intruding upon the woman's privacy: Any action that violates her private space with the intent to offend, degrade, or insult her modesty.
3. Punishment:
   • The offense is punishable with simple imprisonment, which means imprisonment without hard labor, for a term that may extend to three years.
   • The offender is also liable to a fine in addition to the imprisonment.

CONCLUSION

Criminal force and assault against women, including acts of harassment, voyeurism, and stalking, represent serious violations of women's rights and dignity. These offenses underscore the misuse of power and control and contribute to the broader issue of gender-based violence in society. The legal framework outlined in Sections 74 to 79 of the law seeks to address these offenses with appropriate penalties, reflecting the seriousness of actions that insult or harm women, whether through physical force, offensive gestures, or invasion of privacy. By defining clear provisions against actions like criminal force, sexual harassment, voyeurism, and stalking, the law provides protection to women and ensures that perpetrators of such acts are held accountable. Furthermore, landmark rulings like “Vishaka v. State of Rajasthan” and “State of Punjab v. Major Singh” reinforce the legal system's commitment to safeguarding women from these offenses. Ultimately, these provisions aim to foster a society where women can live free from fear, their dignity is upheld, and any violation of their modesty or safety is met with strict legal consequences.