IPC Section 354A = BNS Section 75
Sexual Harassment
यौन उत्पीड़न
Overview
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 Physical contact and advances involving unwelcome and explicit sexual overtures
- 2 Or demand or request for sexual favours
- 3 Or showing pornography against the will of the woman
- 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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