IPC Section 354A: Sexual Harassment and BNS Section 75
Section 354A of the Indian Penal Code, 1860, defines specified forms of sexual harassment of a woman by a man and provides distinct punishments. For offences governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), the corresponding provision is Section 75, in force from 1 July 2024.
What is sexual harassment under IPC Section 354A?
Under Section 354A(1) IPC, a man commits the offence of sexual harassment by engaging in any of these acts:
- Unwelcome physical contact and advances involving explicit sexual overtures.
- Demanding or requesting sexual favours.
- Showing pornography against the will of a woman.
- Making sexually coloured remarks.
The word unwelcome is important for the physical-contact category. The statutory language must be applied to the facts, context, words, actions and available evidence. The provision does not require that all four acts occur together; any one of the specified categories may suffice if its ingredients are established.
Current law: Section 75 of the Bharatiya Nyaya Sanhita, 2023
Section 75 BNS sets out the same four categories of sexual harassment and divides punishment into two groups. It is the corresponding provision for Section 354A IPC; it should not be confused with Section 354 BNS, which concerns a different offence.
Punishment under IPC Section 354A and BNS Section 75
| Conduct | IPC Section 354A | BNS Section 75 |
|---|---|---|
| Unwelcome physical contact and advances involving explicit sexual overtures | Rigorous imprisonment up to 3 years, or fine, or both | Rigorous imprisonment up to 3 years, or fine, or both |
| Demand or request for sexual favours | Rigorous imprisonment up to 3 years, or fine, or both | Rigorous imprisonment up to 3 years, or fine, or both |
| Showing pornography against the will of a woman | Rigorous imprisonment up to 3 years, or fine, or both | Rigorous imprisonment up to 3 years, or fine, or both |
| Making sexually coloured remarks | Imprisonment of either description up to 1 year, or fine, or both | Imprisonment of either description up to 1 year, or fine, or both |
There is no uniform three-year punishment for every category. Sexually coloured remarks fall within the separately prescribed one-year maximum. The precise sentence, if convicted, is determined by the court according to law and the circumstances.
Essential ingredients and evidence
The prosecution must establish the accused person's act and the statutory ingredients of the particular clause alleged. Depending on the allegation, relevant evidence may include the complainant's testimony, witness accounts, contemporaneous messages, electronic records, CCTV footage and surrounding circumstances. Electronic evidence is subject to applicable evidentiary requirements. A charge is not proved merely because an allegation is made; guilt must be established under the criminal standard of proof.
Cognizable status, bail and trial
The procedural classification must be checked against the applicable schedule of the Code of Criminal Procedure, 1973, for older IPC proceedings, or the Bharatiya Nagarik Suraksha Sanhita, 2023, for proceedings under the current law. Under the current BNSS schedule, Section 75(2) BNS (the first three categories) is cognizable and non-bailable; Section 75(3) BNS (sexually coloured remarks) is cognizable and bailable. Both are triable by a Magistrate of the first class. Bailable does not mean the conduct is lawful or that the charge must fail.
Sexual harassment at work: criminal law and the POSH Act
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) creates a separate workplace complaint and redressal framework. Its Section 2(n) defines sexual harassment for that Act and Section 3 prohibits it at the workplace. Complaints may be handled through an Internal Committee or Local Committee, as applicable. A workplace incident can potentially engage both the POSH Act and criminal law; the mechanisms have different purposes and procedures. Not every POSH complaint automatically establishes a criminal offence under Section 75 BNS.
Difference from other offences against women
IPC Section 354 / BNS Section 74 concerns assault or criminal force to a woman with intent to outrage her modesty. IPC Section 354B / BNS Section 76 concerns assault or criminal force with intent to disrobe. IPC Section 354C / BNS Section 77 addresses voyeurism, and IPC Section 354D / BNS Section 78 addresses stalking. Depending on the facts, different or additional offences may be relevant; their ingredients should not be conflated.
Illustrative situations
- Unwelcome touching accompanied by explicit sexual advances may engage the first statutory category.
- Demanding sexual favours may engage the second category, whether or not the demand is accepted.
- Deliberately showing pornography to a woman against her will may engage the third category.
- Making sexually coloured remarks may engage the fourth category, subject to proof of the words, context and statutory requirements.
These are general illustrations rather than findings about any individual case.
Frequently asked questions
Which BNS section replaces IPC Section 354A?
Section 75 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 354A IPC.
What is the maximum punishment for sexual harassment?
For the first three statutory categories, rigorous imprisonment may extend to three years, or fine, or both. For sexually coloured remarks, imprisonment may extend to one year, or fine, or both.
Is physical touching required for every sexual harassment offence?
No. Demands for sexual favours, showing pornography against a woman's will, and sexually coloured remarks are separately specified acts.
Does the POSH Act replace a criminal complaint?
No. Workplace redressal under the POSH Act and criminal proceedings are separate legal mechanisms that may apply to the same incident.
Does IPC Section 354A still matter after 1 July 2024?
Yes. It remains relevant to earlier alleged conduct and proceedings governed by the IPC, subject to applicable saving and transitional rules.
Official statutory references
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Section 75).
- India Code official legislative database (IPC, BNSS and POSH Act).
- Legislative Department, Government of India (central legislation).
Updated 30 October 2026. This article provides general legal information. For an individual matter, examine the operative statute, statutory text, facts and current procedural law.