Bharatiya Nyaya Sanhita, 2023
BNS Section 75
Sexual harassment
In one line
BNS Section 75 deals with sexual harassment and replaces IPC 354A.
Punishment, bail and court
| 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: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 75
75. Sexual harassment.
(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.
Frequently asked
What was BNS Section 75 in the IPC?
BNS Section 75 (Sexual harassment) replaces Section 354A of the Indian Penal Code, 1860. IPC 354A is now BNS 75.
What is the punishment under BNS 75(2)?
Sexual harassment and punishment for sexual harassment specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) – punishable with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 75(3)?
Sexual harassment and punishment for sexual harassment specified in clause (iv) of sub-section (1) – punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 75 bailable?
Non-bailable: BNS 75(2), 75(3). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 70 — Gang rape
- BNS 71 — Punishment for repeat offenders
- BNS 72 — Disclosure of identity of victim of certain offences, etc
- BNS 73 — Printing or publishing any matter relating to Court proceedings without permission
- BNS 74 — Assault or use of criminal force to woman with intent to outrage her modesty
- BNS 76 — Assault or use of criminal force to woman with intent to disrobe
- BNS 77 — Voyeurism
- BNS 78 — Stalking
- BNS 79 — Word, gesture or act intended to insult modesty of a woman
- BNS 80 — Dowry death