| Particular | Details |
|---|---|
| Section | BNS Section 75 of the Bharatiya Nyaya Sanhita, 2023 |
| Offence | Sexual Harassment |
| Replaces Old IPC | IPC Section 354A |
| Punishment | Up to 3 years imprisonment, or fine, or both (depending on the act) |
| Cognizable | Yes |
| Bailable | Yes |
| Compoundable | No |
| Triable By | Magistrate First Class |
Introduction
BNS Section 75 deals with the offence of sexual harassment under the Bharatiya Nyaya Sanhita, 2023. The provision protects women from unwelcome sexual conduct, demands for sexual favours, pornography forced upon them, and sexually coloured remarks.
The section corresponds to the former IPC Section 354A and criminalizes various forms of sexual harassment that violate a woman's dignity, privacy, and personal autonomy.
In this article, you will learn what BNS Section 75 covers, its punishment, bail provisions, court jurisdiction, legal procedure, and how it compares with the old IPC Section 354A.
What is BNS Section 75?
BNS Section 75 makes certain acts of sexual harassment punishable when committed by a man against a woman.
The offence includes physical sexual advances, demands for sexual favours, showing pornography against a woman's wishes, and making sexually coloured remarks.
The law recognizes that such conduct can cause humiliation, intimidation, and emotional distress and therefore provides criminal penalties.
Bare Act Text
Acts Amounting to Sexual Harassment
Under BNS Section 75, a man commits sexual harassment if he engages in any of the following acts:
Physical Contact and Sexual Advances
Physical contact and advances involving unwelcome and explicit sexual overtures.
Demand for Sexual Favours
A demand or request for sexual favours.
Showing Pornography
Showing pornography against the will of a woman.
Sexually Coloured Remarks
Making sexually coloured remarks.
Punishment
For offences involving:
- Physical contact and sexual advances;
- Demand for sexual favours; or
- Showing pornography against the will of a woman,
the punishment is:
Rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
For:
- Making sexually coloured remarks,
the punishment is:
Imprisonment of either description for a term which may extend to one year, or with fine, or with both.
In Simple Words
BNS Section 75 punishes a man who sexually harasses a woman through unwanted sexual advances, requests for sexual favours, showing pornography without consent, or making sexually offensive remarks.
Essential Ingredients of BNS Section 75
For an offence under BNS Section 75 to be established, the prosecution generally has to prove:
- The accused is a man.
- The victim is a woman.
- The accused committed one of the acts specified in the section.
- The conduct was unwelcome or against the woman's wishes.
- The act falls within the scope of sexual harassment as defined by law.
Acts Covered Under BNS Section 75
The following conduct may attract liability under this section:
- Unwelcome physical touching with sexual intent.
- Repeated sexual advances.
- Asking for sexual favours in exchange for benefits.
- Showing pornographic content without consent.
- Passing sexually coloured comments or remarks.
- Making sexually suggestive statements that cause harassment.
The exact applicability depends on the facts and evidence in each case.
Punishment Under BNS Section 75
For Physical Advances, Sexual Favours, and Pornography
A person may be punished with:
- Rigorous imprisonment up to 3 years; or
- Fine; or
- Both.
For Sexually Coloured Remarks
A person may be punished with:
- Imprisonment up to 1 year; or
- Fine; or
- Both.
Classification of the Offence
| Criteria | Status |
|---|---|
| Cognizable | Yes |
| Bailable | Yes |
| Compoundable | No |
| Triable By | Magistrate First Class |
Meaning of the Classification
Since the offence is cognizable, the police may register an FIR and investigate the matter according to law.
The offence is bailable, allowing the accused to seek release on bail as per legal procedure.
The offence is non-compoundable and cannot ordinarily be settled privately between the parties.
Cases under BNS Section 75 are triable by a Magistrate First Class.
Bail Under BNS Section 75
BNS Section 75 is a bailable offence.
An accused person may apply for bail and is generally entitled to release on bail subject to legal requirements and court directions.
The grant of bail does not determine guilt or innocence, which is decided during trial.
Which Court Has Jurisdiction?
Offences under BNS Section 75 are triable by a Magistrate First Class.
After investigation and filing of the charge sheet, the matter proceeds before the competent Magistrate for trial.
Step-by-Step Legal Process
- Registration of FIR.
- Police investigation.
- Recording of the victim's statement.
- Collection of electronic or documentary evidence.
- Examination of witnesses.
- Filing of charge sheet.
- Framing of charges.
- Trial before the Magistrate First Class.
- Examination and cross-examination of witnesses.
- Defence evidence.
- Final arguments.
- Judgment.
- Sentencing upon conviction.
- Appeal before the higher court.
IPC Section 354A vs BNS Section 75
| Aspect | IPC Section 354A | BNS Section 75 |
|---|---|---|
| Law | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Offence | Sexual Harassment | Sexual Harassment |
| Maximum Punishment | Up to 3 years and fine | Up to 3 years and fine |
| Sexually Coloured Remarks | Punishable | Punishable |
BNS Section 75 substantially continues the provisions previously contained in IPC Section 354A with similar protection against sexual harassment of women.
Important Case Laws
Vishaka v. State of Rajasthan (1997)
The Supreme Court laid down important guidelines for preventing sexual harassment and protecting women's dignity and safety.
Apparel Export Promotion Council v. A.K. Chopra (1999)
The Supreme Court emphasized that unwanted sexual conduct violates a woman's dignity and can attract legal consequences.
Defences Available to the Accused
Depending upon the facts of the case, the accused may raise the following defences:
- False implication.
- Lack of evidence.
- Mistaken identity.
- Absence of sexual intent.
- Conduct not falling within the acts specified under the section.
- Contradictory witness testimony.
The success of any defence depends upon the evidence produced before the court.
Real-Life Illustration
Suppose A repeatedly asks B, a woman, for sexual favours despite her refusal and sends inappropriate messages of a sexual nature. Such conduct may amount to sexual harassment under BNS Section 75.
Similarly, if A shows pornographic material to B against her wishes or makes sexually coloured remarks directed at her, he may be prosecuted under this section.
Conclusion
BNS Section 75 is an important provision that protects women from sexual harassment under the Bharatiya Nyaya Sanhita, 2023. It criminalizes unwelcome sexual advances, demands for sexual favours, showing pornography without consent, and sexually coloured remarks. The offence is cognizable, bailable, and non-compoundable. Understanding BNS Section 75 helps individuals understand the legal consequences, punishment, bail provisions, and procedural aspects relating to sexual harassment under Indian law.