Section 354 IPC — now Section 74 of the Bharatiya Nyaya Sanhita — punishes assault or criminal force against a woman with intent to outrage her modesty, and Sections 354A to 354D address sexual harassment, disrobing, voyeurism and stalking. The chamber acts in these cases for accused persons and for complainants.
The Family of Offences
Section 354 IPC requires assault or criminal force used against a woman, intending to outrage or knowing it likely to outrage her modesty; it is punishable with imprisonment of one to five years and fine. The 2013 amendments added specific offences that now continue in the BNS:
| Offence | IPC (before 1 July 2024) | BNS (on or after 1 July 2024) |
|---|---|---|
| Assault or criminal force to outrage modesty | Section 354 | Section 74 |
| Sexual harassment | Section 354A | Section 75 |
| Assault or criminal force with intent to disrobe | Section 354B | Section 76 |
| Voyeurism | Section 354C | Section 77 |
| Stalking | Section 354D | Section 78 |
Punishments and Bail Character
Sexual harassment carries imprisonment up to three years depending on the form of the conduct; disrobing carries three to seven years; voyeurism one to three years for a first conviction and three to seven thereafter; stalking up to three years for a first conviction and up to five for subsequent ones. Offences under Sections 354 and 354B — now 74 and 76 BNS — are cognizable and non-bailable, while sexual harassment is bailable and stalking is bailable on a first offence. The bail character shapes how arrest, anticipatory bail and trial strategy proceed. Insulting the modesty of a woman by word or gesture, formerly Section 509 IPC, is now Section 79 BNS. Offences committed before 1 July 2024 remain under the IPC.
Defence-Side and Complainant-Side Work
For accused persons, the chamber appears at anticipatory bail, argues discharge where the allegations do not meet the ingredients of the section invoked, and conducts the trial defence, including cross-examination conducted with the restraint these cases require. For complainants, the chamber advises on lodging the FIR with the correct provisions, recording of statements, and assistance to the prosecution; workplace-related grievances may also engage the separate POSH Act framework. Advocate Manish Jha appears in these matters across the Delhi District Courts and the High Court of Delhi.
Frequently Asked Questions
What must the prosecution prove under Section 354 IPC / Section 74 BNS?
Three things: that assault or criminal force was used against a woman; that it was used by the accused; and that the accused intended to outrage her modesty or knew that outcome to be likely. Mere words without assault or criminal force fall instead under Section 509 IPC, now Section 79 BNS, which punishes insulting the modesty of a woman.
Are offences under Section 354 / 74 BNS bailable?
Assault to outrage modesty and disrobing, Sections 354 and 354B IPC, now 74 and 76 BNS, are cognizable and non-bailable, so bail is a matter of judicial discretion. Sexual harassment under Section 354A, now 75 BNS, is bailable, as is a first offence of stalking under Section 354D, now 78 BNS. Anticipatory bail can be sought where arrest is apprehended.
What is the punishment for stalking under Section 354D / Section 78 BNS?
Stalking — repeatedly following or contacting a woman despite her clear disinterest, or monitoring her electronic communications — is punishable with imprisonment up to three years and fine for a first conviction, and up to five years and fine for a second or subsequent conviction. A first offence is bailable; a repeat offence is non-bailable under the statutory scheme.
Does the chamber act for complainants in these cases?
Yes. The chamber advises women on registering FIRs under the correct provisions, accompanies them through the recording of statements, and assists the prosecution at trial. Where the harassment arises at a workplace, the chamber also advises on the internal complaints mechanism under the POSH Act, which operates alongside, not instead of, the criminal law remedies.