75. (1) A man committing any of the following acts:—(i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against the will of a woman; or (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment. (2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. (3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
BNS Section 75: Sexual harassment
Section 75 of the Bharatiya Nyaya Sanhita, 2023 deals with sexual harassment. It replaces IPC 354A of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 75(2) is cognizable and non-bailable; 75(3) is cognizable and non-bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 75(2) | Sexual harassment and punishment for sexual harassment specified in clause (i) or clause (ii) or clause (iii) of sub-section (1). | Rigorous imprisonment with 3 years, or fine, or both. | Cognizable | Non-bailable | Court of Session |
| 75(3) | Sexual harassment and punishment for sexual harassment specified in clause (iv) of sub-section (1). | Imprisonment for 1 year, or fine, or both. | Cognizable | Non-bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 75
IPC sections replaced
- IPC 354A: Sexual harassment and punishment for sexual harassment
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