354 IPC / BNS 74-75-Outraging Modesty-Bail Guide

Arrested under 354 IPC or BNS Sections 74-75? Non-bailable does not mean no bail. Learn which court to approach and how bail works.

354 IPC / BNS 74-75 Bail: What Families Need to Know

Is 354 IPC (BNS 74/75) bailable or non-bailable?

Section 354 IPC — replaced by Sections 74 and 75 of the Bharatiya Nyaya Sanhita (BNS) from July 2024 — is a **non-bailable offense**. Non-bailable means the police cannot grant bail at the station. It does not mean bail is impossible. A court must grant it.

Can bail still be granted?

Yes. The Sessions Court and the High Court both have the power to grant bail in non-bailable cases under Section 483, BNSS (formerly Section 439, CrPC). The court weighs factors such as:

• Whether the accused has a prior criminal record
• Whether there is a genuine risk of flight
• Whether the accused might tamper with witnesses or evidence
• The severity of the specific allegation within the offense

There is no guarantee, but bail is routinely granted in these cases where the accused has no prior record and the circumstances support it.

What if the arrest hasn’t happened yet?

If an FIR has been filed but the accused has not yet been arrested, anticipatory bail is available under Section 482, BNSS (formerly Section 438, CrPC). Time is critical here — the earlier you approach the court, the stronger the position.

Which court do you approach?

For regular bail after arrest: the Sessions Court in the district where the case is registered. If bail is denied there, the High Court is the next step. For anticipatory bail: Sessions Court or High Court, depending on the facts and urgency.

One important note on BNS sections

Sections 74 and 75 of the BNS cover different aspects of what 354 IPC covered as a single provision. The exact sub-section that applies to a specific FIR affects the bail strategy. Confirm the specific section charged with your lawyer before filing.

Need a verified lawyer for a 354 IPC or BNS 74/75 bail matter? Connect through Rihai — we match you with vetted bail lawyers in your city.