BNS Section 75 : Sexual Harassment
Section 75 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. This section addresses the offense of sexual harassment, specifying acts that qualify as unwelcome advances, remarks, or conduct of a sexual nature directed towards a person.
This provision aims to protect individuals, particularly women, from inappropriate and harmful behavior, ensuring accountability for such acts.
Definition of BNS Section 75
Section 75 of the BNS 2023 States:
(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.
Explanation and Illustration of Section 75 (Bharatiya Nyaya Sanhita, 2023)
A man is guilty of sexual harassment if he commits any of the following:
- Physical contact and advances involving unwelcome and explicit sexual overtures:
- This refers to any non-consensual physical interaction with a sexual intent
- Example: Touching or groping a woman without her consent in a manner suggesting sexual intent.
- A demand or request for sexual favours:
- Asking for sexual favors, either directly or indirectly, with or without offering benefits in return
- Example: A supervisor asking for sexual favors in exchange for a promotion or job security
- Showing pornography against the will of a woman:
- Forcing or coercing a woman to view sexually explicit material
- Example: Sending unsolicited pornographic content or showing it during a meeting despite objections.
- Making sexually coloured remarks:
- Verbal comments or remarks with a sexual undertone that are offensive or inappropriate
- Example: Making inappropriate comments about a woman’s appearance, attire, or personal life in a sexualised manner.
Sub-section (2): Punishment for Acts (i), (ii), and (iii)
Sub-section (3): Punishment for Act (iv)
Examples:
A colleague makes inappropriate physical advances, such as touching a woman’s shoulders or waist, despite her clearly stating discomfort.
A landlord demands sexual favors from a tenant in exchange for reducing rent.
A manager shares explicit videos during a team discussion, disregarding the discomfort of female employees.
A passerby on the street makes vulgar comments about a woman’s appearance or body.
Key Points Under Section BNS - 75
Acts Constituting the Offense:
Differences Between Section 75 of BNS 2023 and its Equivalent IPC section
This section outlines the key differences between Section 75 and its equivalent Indian penal code IPC section 354A focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 75 | Sexual harassment. | 354A | No change |
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FAQs about Section 75 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 75 of the Bharatiya Nyaya Sanhita?
Section 75 criminalises acts of sexual harassment, including unwelcome physical contact, advances, or sexually colored remarks. It aims to protect individuals from behavior that undermines their dignity or creates an unsafe environment.
Who is protected under Section 75?
Section 75 primarily protects women, but its scope extends to any individual who experiences sexual harassment. The provision underscores the importance of safeguarding dignity and personal security for all.
What acts are covered under Section 75?
The section addresses unwelcome physical advances, inappropriate verbal or non-verbal conduct, sexually colored remarks, and actions that create an intimidating, hostile, or offensive environment for the victim.
What is the punishment under Section 75?
Offenders may face imprisonment, fines, or both, depending on the severity of the act. The punishment is designed to act as a deterrent against sexual harassment and ensure justice for victims.
How does Section 75 define ‘sexual harassment’?
Sexual harassment includes any unwelcome act of a sexual nature, such as physical contact, gestures, remarks, or advances, that cause discomfort, humiliation, or intimidation to the victim.
Is consent a defense under Section 75?
Yes, acts performed with the explicit consent of the involved parties do not constitute sexual harassment. Lack of consent is a critical element in determining the offense under this section.
Can verbal harassment alone qualify under Section 75?
Yes, verbal harassment, such as inappropriate comments or remarks of a sexual nature, can qualify as an offense under Section 75, provided it is unwelcome and affects the victim’s dignity.
