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 this crime and prescribing corresponding punishments.
📜 Text of Section 75: Sexual Harassment
Sub-section (1):
A man commits the offence of sexual harassment if he does any of the following acts:
(i) Physical contact and advances involving unwelcome and explicit sexual overtures;
(ii) A demand or request for sexual favours;
(iii) Showing pornography against the will of a woman;
(iv) Making sexually coloured remarks.
Sub-section (2):
Any man who commits the offence specified in clauses (i), (ii), or (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.
Sub-section (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.
⚖️ Comparison with IPC Section 354A
Section 75 of the BNS, 2023, mirrors the provisions of Section 354A of the Indian Penal Code (IPC), 1860, which also defines sexual harassment and prescribes similar punishments. The language and structure of both sections are nearly identical, indicating a direct transference of the provision from the IPC to the BNS.
🧾 Key Points
Acts Constituting Sexual Harassment: Unwelcome physical contact, demands for sexual favours, showing pornography against a woman's will, and making sexually coloured remarks.
Punishments:
For clauses (i), (ii), or (iii): Rigorous imprisonment up to three years, fine, or both.
For clause (iv): Imprisonment up to one year, fine, or both.
Applicability: The section applies to acts committed by men against women, reflecting a gender-specific approach to addressing sexual harassment.
For the full text and further details, you can refer to the official publication of the Bharatiya Nyaya Sanhita, 2023.
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