CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD · Of criminal force and assault against woman

Section 75: Sexual harassment

The Bharatiya Nyaya Sanhita, 2023

(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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

75	354A. Sexual harassment and punishment for sexual harassment.

Questions on this section

3 questions in 11 of our papers cite Section 75. Try these from the free papers:

1. Consider the following statements: 1. Section 48 of the BSA, which makes evidence of the character or previous sexual experience of the victim irrelevant on the issue of consent, applies to prosecutions under Sections 64 to 71 and also Sections 74 to 78 of the Bharatiya Nyaya Sanhita, 2023. 2. The proviso to Section 149 of the BSA, which bars questions in the cross-examination of the victim as to general immoral character or previous sexual experience, applies to prosecutions under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023. 3. Each of these provisions also applies to a prosecution for an attempt to commit any of the offences it lists. Which of the statements given above are correct?

Practise questions on Bharatiya Nyaya Sanhita