Bharatiya Nyaya Sanhita, 2023
Section 75
Sexual harassment
(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.
Why this exists
This provision continues Section 354A of the Indian Penal Code, which was inserted by the Criminal Law (Amendment) Act, 2013, following the recommendations of the Justice J.S. Verma Committee set up after the 2012 Delhi gang rape case. Before 2013, sexual harassment (especially at workplaces) was governed mainly by the Supreme Court's 1997 Vishaka guidelines, since there was no clear penal provision defining the offence. The 2013 amendment gave statutory, criminal-law backing to conduct like unwanted touching, demands for sexual favours, showing pornography, and sexually coloured remarks. The Bharatiya Nyaya Sanhita, 2023 re-enacts this as Section 75, keeping the same structure and punishments while renumbering the provision as part of India's new criminal code.
How courts read it
The Supreme Court's judgment in Vishaka v. State of Rajasthan (1997) first recognised sexual harassment as a violation of women's fundamental rights to equality and dignity, and laid down guidelines pending legislation. After Section 354A IPC was introduced in 2013, courts have generally held that the woman's lack of consent or the 'unwelcome' nature of the act is central to establishing the offence, and that context and intent matter in judging whether remarks or conduct are 'sexually coloured'. These interpretive principles are expected to continue guiding courts applying Section 75 BNS, since its text mirrors the earlier provision.
Common misconceptions
- Myth: Sexual harassment only means physical touching.
Fact: The law also covers verbal acts like sexually coloured remarks and non-physical acts like showing pornography against a woman's will. - Myth: All four acts under this section carry the same punishment.
Fact: Clauses (i) to (iii) carry up to three years' rigorous imprisonment, while clause (iv) — sexually coloured remarks — carries a lighter punishment of up to one year. - Myth: This law can be used against women as well as men for harassment.
Fact: As worded, this offence can only be committed by a man against a woman; it does not cover harassment by a woman or harassment of a man under this specific section.