Bharatiya Nyaya Sanhita 2023
Section 75 :
Sexual harassment :
(See section 354A of IPC 1860)
Section : 75
Classification of Offence:
Offence : (2) Sexual harassment and punishment for sexual harassment specified in clause (i) or clause (ii) or clause (iii) or sub-section (1).
Punishment : Rigorous imprisonment with 3 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session
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Offence : (3) Sexual harassment and punishment for sexual harassment specified in clause (iv) of sub-section (1).
Punishment : Imprisonment for 1 year, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session
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(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.
Indian Penal Code 1860 (IPC 1860)
Section 354A :
1.[Sexual harassment and punishment for sexual harassment :
(See section 75 of BNS 2023)
Classification of Offence:
Offence: Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours, showing pornography.
Punishment :Imprisonment which may extend to 3 years or with fine or with both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable :Any Magistrate.
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Offence: Sexual harassment of the nature of making sexually coloured remark.
Punishment :Imprisonment which may extend to 1 years or with fine or with both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable :Any Magistrate.
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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.
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1.Ins. by the Criminal Law (Amendment)Act, 2013(No.13 of 2013).