Sexual harassment and punishment for sexual harassment 1
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Summary
Any man who makes unwelcome physical contact or explicit sexual advances, demands sexual favours, shows pornography to a woman against her will, or makes sexually coloured remarks commits the offence of sexual harassment. Physical contact, demands for sexual favours, and showing pornography carry rigorous imprisonment up to three years, fine, or both. Sexually coloured remarks carry imprisonment up to one year, fine, or both.
Example
Priya is travelling by bus when a man repeatedly makes explicit sexual remarks and tries to touch her without consent. He can be charged with sexual harassment; for the remarks he may face up to one year of imprisonment or fine, and for the unwanted touching up to three years of rigorous imprisonment or fine, or both.
Bare Act
Enacted text(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.
1 Criminal Law (Amendment) Act, 2013
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