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LawpatraLawpatra
BNS, 2023
Start Practicing
BNSChapter VSection 75
Section75

Sexual harassment

AI Assist

Summary

Any man who makes unwelcome physical sexual contact or advances, demands sexual favours, shows pornography against a woman’s will, or makes sexually coloured remarks commits sexual harassment. Physical contact, demands, and showing pornography carry up to three years rigorous imprisonment, or fine, or both. Sexually coloured remarks carry up to one year, or fine, or both. The offence is cognizable, non-bailable and triable by the Sessions Court.

Example

Rohan repeatedly touches Priya inappropriately at a party despite her protests. He can be charged with sexual harassment for unwelcome physical contact and, if convicted, face rigorous imprisonment for up to three years, or fine, or both.

Bare Act

Enacted text

(1) A man committing any of the following act:

(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.

BNSS Classification

  • 75(2) – Rigorous imprisonment with 3 years, or fine, or both.
  • 75(3) – Imprisonment for 1 year, or fine, or both.
  • Cognizable
  • Non-bailable
  • Triable by Court of Session
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V

Chapter V

Of Offences Against Woman And Children

In this chapter

  • 63Rape
  • 64Punishment for rape
  • 65Punishment for rape in certain cases
  • 66Punishment for causing death or resulting in persistent vegetative state of victim
  • 67Sexual intercourse by husband upon his wife during separation
  • 68Sexual intercourse by a person in authority
  • 69Sexual intercourse by employing deceitful means etc
  • 70Gang rape
  • 71Punishment for repeat offenders
  • 72Disclosure of identity of the victim of certain offences, etc
  • 73Printing or publishing any matter relating to Court proceedings without permission
  • 74Assault or criminal force to woman with intent to outrage her modesty
  • 75Sexual harassment
  • 76Assault or use of criminal force to woman with intent to disrobe
  • 77Voyeurism
  • 78Stalking
  • 79Word, gesture or act intended to insult the modesty of a woman
  • 80Dowry death
  • 81Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
  • 82Marrying again during lifetime of husband or wife
  • 83Marriage ceremony fraudulently gone through without lawful marriage
  • 84Enticing or taking away or detaining with criminal intent a married woman
  • 85Husband or relative of husband of a woman subjecting her to cruelty
  • 86Cruelty defined
  • 87Kidnapping, abducting or inducing woman to compel her marriage, etc
  • 88Causing miscarriage
  • 89Causing miscarriage without woman’s consent
  • 90Death caused by act done with intent to cause miscarriage
  • 91Act done with intent to prevent child being born alive or to cause it to die after birth
  • 92Causing death of quick unborn child by act amounting to culpable homicide
  • 93Exposure and abandonment of child under twelve years, by parent or person having care of it
  • 94Concealment of birth by secret disposal of dead body
  • 95Hiring, employing or engaging a child to commit an offence
  • 96Procuration of child
  • 97Kidnapping or abducting child under ten years with intent to steal from its person
  • 98Selling child for purposes of prostitution, etc
  • 99Buying child for purposes of prostitution, etc
Previous · Section 74Assault or criminal force to woman with intent to outrage her modestyNext · Section 76Assault or use of criminal force to woman with intent to disrobe