Outraging Modesty? It's Time India's Laws Got Real About Sexual Harassment

Under Section 74 BNS, the law was written to protect a woman's "modesty." It's time it learned to protect her instead.

A woman steps onto a crowded metro. Within minutes, she feels an unwanted hand brush against her from behind. By the time she turns around, the man has melted into the crowd. At the police station, she is asked to describe the "intent" behind the act, the exact words used, or whether the contact was "sufficient" to count as an offence. This is the lived reality for countless women across India, and it all begins with a single, oddly old-fashioned phrase buried in our criminal law under Section 74 BNS: outraging her modesty.

The Law That Refuses to Define Itself

For decades, Section 354 of the Indian Penal Code — now reframed as Section 74 of the Bharatiya Nyaya Sanhita (BNS), 2023 — has been the default provision for cases of assault or criminal force used against a woman with intent to outrage her modesty. Around it sit a cluster of related offences: sexual harassment, assault to disrobe, voyeurism, and stalking, along with the now-folded provision punishing words or gestures that insult a woman's modesty.

Together, these sections form the backbone of how Indian criminal law responds to everyday sexual harassment. Yet the word at the centre of it all — "modesty" — has never been defined in the statute. Courts have been left to work it out case by case, generally treating it as something tied to a woman's dignity, decency, and bodily privacy. The Supreme Court has gone further, holding that modesty is inherent in every woman from birth, extending protection regardless of age. But a judicial gloss is not the same as a clear legislative standard, and that gap leaves an uncomfortable amount of discretion in the hands of whoever first hears the complaint.

"The offence is cognizable and non-bailable — yet survivors are still asked to prove a state of mind, not just an act." — On the practical reality of Section 74 BNS / Section 354 IPC complaints

Where the Ambiguity of Section 74 BNS Hurts Real Women

The real-world consequences of this vague language are significant. Survivors are routinely asked to establish "intent" — a mental state that is notoriously hard to prove, especially in fleeting incidents such as groping on public transport, in markets, or at the workplace. Police stations, still operating under old habits, sometimes downgrade serious complaints into lesser "modesty" cases instead of registering them under stronger, more specific provisions.

And because the word "modesty" carries a moralistic, almost Victorian undertone, it quietly shifts the conversation away from consent and bodily autonomy and toward a woman's "honour" — a framing that all too easily slides into questions about what she was wearing, where she was, or how she behaved. The crime stops being about what the man did and starts being about what the woman supposedly invited.

BNS 2023: A Missed Opportunity for Modern Language

The transition from the IPC to the BNS was a genuine opportunity to modernise this entire framework. Instead, much of the old structure — including the "modesty" terminology itself — has simply been carried forward under new section numbers, sitting within a newly created chapter on offences against women and children. The sexual harassment provision has likewise migrated into this chapter in broadly similar form.

Renumbering is not reform. A statute that still asks judges, police officers, and lawyers to interpret an undefined Victorian-era concept is a statute that has changed its address, not its character.

What Real Reform Would Look Like

First, the law needs a clear, consent-based definition of sexual harassment — one that turns on whether an act was unwanted and non-consensual, not on whether it offended some unstated standard of "honour." Second, police training must focus on correctly classifying complaints at the very first point of contact, so survivors aren't forced into a second battle just to get the right FIR registered under the right section. Third, the fast-track mechanisms already used for certain sexual offences need to be extended meaningfully to these so-called "minor" harassment cases, which are dismissed as trivial yet leave lasting trauma.

Until these changes happen, the burden continues to fall on survivors to navigate a legal vocabulary more concerned with preserving a woman's "modesty" than protecting her safety and dignity. If India's criminal law reform under the BNS is to mean anything beyond a cosmetic relabelling exercise, it must reimagine the very language through which the law sees women.

"A law cannot protect what it refuses to define. Until 'modesty' becomes 'consent,' survivors will keep fighting two cases — one against the accused, and one against the law itself." — Closing reflection

If you or someone you know has faced workplace harassment, stalking, or assault, understanding your rights under the BNS and the POSH Act is the first step toward seeking justice. For a closer look at how workplace harassment complaints are handled in India, read our related post on Filing a POSH Complaint: A Step-by-Step Guide.

For the full text of the relevant statutory provisions, you can refer to the Bharatiya Nyaya Sanhita, 2023 on India Code.