Section 354A · Sexual harassment and punishment for sexual harassment
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1[354A. Sexual harassment and punishment for sexual harassment--(1) Aman 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.]
(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.]
The offence at a glance
- Punishment
- up to 3 years, fine (no stated ceiling)
- Cognizable
- Cognizable
- Bailable
- Bailable
- Compoundable
- Not compoundable
- Triable by
- Any Magistrate
- Cognizable — Police may arrest without a warrant
- Bailable — Bail is your right — it can be granted at the police station
Sub-sections of this section carry different penalties; the maximum is shown.
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
In the new law
IPC 354ABNS 75
75. Sexual harassment.
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How this section has changed
The law that applies is the law as it stood on the date of the offence — which is why this timeline matters.
- 2013In force from:
Inserted (2013)
By s. 7, ibid. (w.e.f. 3-2-2013). With effect from 3-2-2013. The amending act is cited as "ibid." in the source and is not recoverable from this section alone.
The text in force on the date of the offence is the text that applies — a later amendment does not reach back.