Indian Penal Code, 1860
Section 354A
repealedSexual harassment and punishment for sexual harassment
A man committing any of the following acts physical contact and advances involving unwelcome and explicit sexual overtures; or a demand or request for sexual favours; or showing pornography against the will of a woman; or making sexually coloured remarks, shall be guilty of the offence of sexual harassment1. Any man who commits the offence specified in clause , or clause , or clause , 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. Any man who commits the offence specified in clause 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 section was added in 2013, following the Justice Verma Committee's recommendations after the widely reported 2012 Delhi gang rape case, to explicitly criminalise everyday forms of sexual harassment such as unwanted advances, coerced sexual favours, showing pornography without consent, and lewd comments, closing gaps in the earlier law's coverage. After 2024, this offence corresponds to Section 75 of the Bharatiya Nyaya Sanhita.
How courts read it
Courts have treated the four categories in this section as distinct types of conduct, with the more physically intrusive or coercive acts (unwelcome physical contact, demands for sexual favours, or showing pornography) attracting the higher punishment, while sexually coloured remarks alone, though still an offence, receive the somewhat lower punishment reflecting differences in severity.
Common misconceptions
- Myth: Sexual harassment only means physical touching.
Fact: This section also covers sexually coloured remarks, demands for sexual favours, and showing pornography without consent, not only physical contact.