Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offence of sexual harassment, outlining specific acts that constitute harassment and prescribing corresponding punishments.
๐ Text of Section 75: Sexual Harassment
Section 75. Sexual harassment.
Acts Constituting Sexual Harassment
A man is guilty of sexual harassment if he commits 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.
Punishment for Acts in Clauses (i), (ii), or (iii)
Any man who commits the offence specified in clause (i), (ii), or (iii) shall be punished with:
Rigorous imprisonment for a term which may extend to three years, or
Fine, or
Both.
Punishment for Act in Clause (iv)
Any man who commits the offence specified in clause (iv) shall be punished with:
Imprisonment of either description for a term which may extend to one year, or
Fine, or
Both.
โ๏ธ Legal Context and Implications
Gender-Specific Offence: Section 75 specifically defines sexual harassment as an offence committed by a man against a woman, making it gender-specific. This approach has been a subject of legal and social debate, with discussions around the need for gender-neutral laws to address harassment comprehensively.
Alignment with Previous Laws: This section aligns with the provisions previously outlined in Section 354A of the Indian Penal Code (IPC), 1860, which also dealt with sexual harassment. However, the BNS has restructured and redefined various offences, including sexual harassment, under its framework.
Punitive Measures: The section prescribes varying degrees of punishment based on the severity of the act, with more severe penalties for physical acts and demands for sexual favours, and comparatively lesser penalties for making sexually coloured remarks.
๐งพ Illustrative Examples
Example 1: A man repeatedly touches a woman's shoulder and makes suggestive comments despite her clear discomfort. Under Section 75, this constitutes sexual harassment, and the man could face rigorous imprisonment for up to three years, a fine, or both
Example 2: An individual shows explicit pornography to a woman without her consent. This act falls under clause (iii) of Section 75, making it punishable with rigorous imprisonment for up to three years, a fine, or both.
Example 3: A person makes lewd remarks to a woman in a public setting. Such behaviour is covered under clause (iv) of Section 75 and is punishable with imprisonment for up to one year, a fine, or both
๐ Comparison with Indian Penal Code (IPC)
| Provision | BNS, 2023 | IPC, 1860 |
|---|---|---|
| Definition of Sexual Harassment | Section 75 | Section 354A |
| Gender Specificity | Yes | Yes |
| Punishment for Physical Acts | Up to 3 years | Up to 3 years |
| Punishment for Remarks | Up to 1 year | Up to 1 year |
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