Sexual harassment
What this section does
This section defines and penalises sexual harassment of a woman by a man, covering four categories of conduct: unwelcome physical contact with explicit sexual overtures, demands for sexual favours, showing pornography against a woman's will, and making sexually coloured remarks. The punishment differs depending on which category of conduct is committed.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- For acts under clauses (i), (ii), or (iii): rigorous imprisonment up to three years, or fine, or both. For acts under clause (iv): imprisonment of either description up to one year, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused is a man
- He committed one or more of the following acts against a woman: (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 her will; or (iv) making sexually coloured remarks
Practitioner note
The section distinguishes between more serious forms of sexual harassment (physical contact, demands, pornography) attracting rigorous imprisonment up to three years, and the lesser offence of sexually coloured remarks attracting up to one year. This section operates alongside the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 for workplace-related conduct.
- IPC Section 354A — Sexual harassment
Read the official text
For the binding statutory text of BNS Section 75, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 75 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.