IPC Section 354A = BNS Section 75

Sexual Harassment

यौन उत्पीड़न

Offences Against Women No Change in Punishment Cognizable Bailable Updated: 2026-02-28

Overview

Section 354A of the IPC dealt with sexual harassment and was introduced by the Criminal Law (Amendment) Act, 2013. Under the BNS 2023, this is now Section 75. The provision covers physical contact, sexual advances, demand for sexual favours, showing pornography, and sexually coloured remarks.

Hindi IPC की धारा 354A यौन उत्पीड़न से संबंधित थी और इसे आपराधिक कानून (संशोधन) अधिनियम, 2013 द्वारा शामिल किया गया था। BNS 2023 के तहत, यह अब धारा 75 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 354A Section 75
Title Sexual Harassment Sexual Harassment
Punishment Rigorous imprisonment up to 3 years, or fine, or both (for physical contact/advances); up to 1 year, or fine, or both (for demand of sexual favours/showing pornography/sexual remarks) Rigorous imprisonment up to 3 years, or fine, or both (for physical contact/advances); up to 1 year, or fine, or both (for other acts)
Cognizable Yes — Police can arrest without warrant
Bailable Yes — Bail is a matter of right
Compoundable No — Cannot be compounded/settled
Triable By Any Magistrate

Key Changes

  • Section number changed from IPC 354A to BNS 75
  • Categories of sexual harassment remain the same
  • Two-tier punishment structure retained
  • No substantial changes in definition

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 Physical contact and advances involving unwelcome and explicit sexual overtures
  2. 2 Or demand or request for sexual favours
  3. 3 Or showing pornography against the will of the woman
  4. 4 Or making sexually coloured remarks

Frequently Asked Questions

What is the BNS equivalent of IPC Section 354A?

IPC Section 354A (Sexual Harassment) is now BNS Section 75 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

What acts constitute sexual harassment under BNS?

Physical contact involving unwelcome sexual overtures, demand for sexual favours, showing pornography against a woman's will, and making sexually coloured remarks.

What is the punishment for sexual harassment?

For physical contact and advances — up to 3 years rigorous imprisonment, or fine, or both. For other acts — up to 1 year, or fine, or both.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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