BNS Section 75 – Sexual harassment and punishment for sexual harassment

Amit Kapoor05 mins

Section in IPC – 354A

Sexual harassment and punishment for 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.

Example:
Vijay (landlord), plays obscene movies containing pornography, every time Anita (tenant) is around him in the stairs of the building. He forces her to watch it each time. This is an offence of sexual harassment under this Section. 

Key Points on BNS-75: Sexual Harassment

BNS-75 addresses sexual harassment and outlines the specific acts that constitute this offense, along with the corresponding punishments.

1. Acts Constituting Sexual Harassment

  • Physical Contact and Advances: This includes unwelcome and explicit sexual advances or physical contact.
  • Demand or Request for Sexual Favours: Any solicitation or request for sexual favors that is not wanted by the woman.
  • Showing Pornography: Displaying sexually explicit material against the woman’s will.
  • Sexually Coloured Remarks: Making comments or remarks of a sexual nature that are inappropriate and unwanted.

2. Punishments for Different Offenses

  • Clauses (i), (ii), (iii) (Physical Contact, Demand for Sexual Favors, Showing Pornography):
    • Rigorous Imprisonment: Offenders can face up to three years of rigorous imprisonment.
    • Fine: Offenders are also subject to a fine, or a combination of imprisonment and fine.
  • Clause (iv) (Sexually Coloured Remarks):
    • Imprisonment: Offenders may face up to one year of imprisonment.
    • Fine: A fine may also be imposed, or both imprisonment and fine.

3. Definitions

  • Sexual Harassment: A broad term that refers to actions that offend, intimidate, or coerce a woman in a sexual manner. This includes the acts listed above.
  • Rigorous Imprisonment: A form of imprisonment that involves hard labor and stricter conditions compared to regular imprisonment.

4. Objective

  • Protection from Sexual Harassment: The primary objective of BNS-75 is to protect women from various forms of unwanted sexual behavior and ensure that perpetrators face appropriate legal consequences for their actions.

Summary

BNS-75 criminalizes sexual harassment and categorizes different acts that fall under this offense, such as unwelcome physical contact, demands for sexual favors, showing pornography, and making sexually inappropriate remarks. The punishments vary based on the severity of the offense:

  • Up to three years of rigorous imprisonment or a fine for more severe offenses like physical advances and requests for sexual favors.
  • Up to one year of imprisonment or a fine for making inappropriate sexual remarks. The provision aims to ensure the protection and dignity of women by holding perpetrators accountable and providing legal consequences for sexual harassment.

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