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Under section 74 of the Bharatiya Nyaya Sanhita, 2023, what is the punishment for assaulting or using…

Under Section 74 of the Bharatiya Nyaya Sanhita, 2023 (which re-enacts Section 354 of the repealed Indian Penal Code, 1860 as amended by the Criminal Law (Amendment) Act,…

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Under section 74 of the Bharatiya Nyaya Sanhita, 2023, what is the punishment for assaulting or using criminal force against a woman with intent to outrage her modesty?

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Answer and explanation

Correct answer B

Under Section 74 of the Bharatiya Nyaya Sanhita, 2023 (which re-enacts Section 354 of the repealed Indian Penal Code, 1860 as amended by the Criminal Law (Amendment) Act, 2013), whoever assaults or uses criminal force to any woman, intending to outrage or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.

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Option A

Section 74 requires at least one year of imprisonment. A fine alone is insufficient.

Option B

Correct. Under Section 74 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 354 IPC as amended in 2013), assault or criminal force to a woman with intent to outrage her modesty is punishable 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.

Option C

The minimum is one year, not two.

Option D

The maximum is five years, not three.

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