Assault or use of criminal force to woman with intent to disrobe
Section 76 of the Bharatiya Nyaya Sanhita, 2023 deals with assault or use of criminal force to woman with intent to disrobe. Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be l The Act came into force on 01 Jul 2024.
Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
Section 76, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Assault or use of criminal force to woman with intent to disrobe. | Imprisonment for not less than 3 years but which may extend to 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Pema Tshering Lepcha @ Mikmar vs State of Sikkim
Court's Decision & Legal Precedent
Where the trial court added a charge of assault with intent to disrobe under Section 216 CrPC only after final arguments, the conviction is not vitiated: the test is whether a failure of justice was in fact occasioned, and none arises where the original charge already recited the accused's attempt to pull down the victim's trousers, so that he had notice of the disrobing accusation and had in fact cross-examined the prosecutrix and PW-4 on it.
On this section: Upholds a conviction for assault or use of criminal force to a woman with intent to disrobe, and settles that the ingredient of intent to disrobe may be tried on a charge added late so long as the accused had fair notice of the disrobing allegation.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… to be kept by such officer in such form as the State Government may by rules prescribe in this behalf: > Provided that if the information is given by the woman against whom an offence under Section 64, Section 65, Section 66, Section 67, Section 68, Section 69, Section 70, Section 71, Section 74, Section 75, Section 76, Section 77, Section 78, Section 79 or Section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: > > Provided further that— (a) in the event that the person against whom an …
Questions about Section 76
What have the courts held on Section 76 of the Bharatiya Nyaya Sanhita?
Pema Tshering Lepcha @ Mikmar vs State of Sikkim (24 Apr 2024) is the leading judgment on this section among those set out below: Upholds a conviction for assault or use of criminal force to a woman with intent to disrobe, and settles that the ingredient of intent to disrobe may be tried on a charge added late so long as the accused had fair notice of the disrobing allegation.
Is Section 76 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 76 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 76 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 76, section 76 BNS, section 76 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 76 in ipc and bns 76 bailable or not. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Pema Tshering Lepcha @ Mikmar vs State of Sikkim (24 Apr 2024).
What should I read with Section 76 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 76 of the Bharatiya Nyaya Sanhita come into force?
Section 76 of the Bharatiya Nyaya Sanhita, cited as BNS 76, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.