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IPC Section 354A in BNS: Section 75

Sexual harassment and punishment for sexual harassment

Section 354A of the Indian Penal Code, 1860 (Sexual harassment and punishment for sexual harassment) corresponds to Section 75 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 75(2) is cognizable, non-bailable, triable by Court of Session; punishment: Rigorous imprisonment with 3 years, or fine, or both.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable 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.CognizableNon-bailableCourt 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.CognizableNon-bailableCourt of Session

Source: BNSS, 2023, First Schedule, Part I.

The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.

Text of BNS Section 75

75. (1) Aman 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.

Full BNS Section 75 and every IPC section it replaced →

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