● Retained in BNS
Sexual harassment -- unwelcome physical contact, demands for sexual favours, showing pornography, or sexually coloured remarks -- carries up to 3 years' imprisonment (1 year for remarks alone) under BNS Section 75, unchanged from IPC 354A. It is a non-bailable, cognizable offence tried before the Court of Session.
Section 354A IPC (inserted in 2013) made it an offence for a man to make unwelcome physical contact and sexual advances, demand sexual favours, show pornography against a woman's will, or make sexually coloured remarks. The first three acts carried rigorous imprisonment up to 3 years, or fine, or both; sexually coloured remarks alone carried a lighter punishment of up to 1 year, or fine, or both.
BNS Section 75 reproduces Section 354A word for word, with the same two-tier punishment structure split across sub-sections (2) and (3).
Unchanged in substance. Pure renumbering from IPC 354A to BNS 75 with identical text and identical punishment tiers.
Rigorous imprisonment up to 3 years, or fine, or both, for physical contact, sexual demands or showing pornography; imprisonment of either description up to 1 year, or fine, or both, for sexually coloured remarks alone..
IPC 354A is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 354A are tried before the Court of Session..
Common defences include absence of sexual intent or overtone in the conduct alleged, mistaken identity, and that the contact or remark was not unwelcome or was consented to.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons