Bharatiya Nyaya Sanhita, 2023 · Section 75

BNS 75: earlier IPC 354A

Section 75 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 354A of the Indian Penal Code, 1860. BNS 75 deals with sexual harassment. The Bharatiya Nyaya Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nyaya Sanhita

BNS 75 was IPC 354A.

Sexual harassment.

Carried over
Old wording kept in full
Old · IPC 1860 · Ch. XVI
s. 354A
Sexual harassment and punishment for sexual harassment
(1) Aman 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.
Text from the official India Code PDF
New · BNS 2023 · Ch. V
s. 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.
Text from India Code
Old classification · CrPC First Schedule, for IPC 354A
Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours, showing pornography.
CognizableCognizable
BailableBailable
PunishmentImprisonment which may extend to 3 years or with fine or with both.
Triable byAny Magistrate.
Sexual harassment of the nature of making sexually coloured remark.
CognizableCognizable
BailableBailable
PunishmentImprisonment which may extend to 1 year or with fine or with both.
Triable byAny Magistrate.
Assault or use of criminal force to woman with intent
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment of not less than
Triable byAny Magistrate.
For an offence under the BNS, check the First Schedule of the BNSS.

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