BNS Section 75

Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with 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.

Example:
Vijay (landlord), plays obscene movies containing pornography, every time Anita (tenant) is around him in the stairs of the building. He forces her to watch it each time. This is an offence of sexual harassment under this Section. 

Key Points on BNS-75

BNS-75 addresses the crime of sexual harassment and outlines specific acts that constitute this offense, as well as the corresponding punishments.

1. Acts Constituting Sexual Harassment:
 

• Physical Contact and Advances: Includes unwelcome and explicit sexual advances or physical contact.
   

• Demand or Request for Sexual Favours: Any solicitation or request for sexual favors that is not wanted.
   

• Showing Pornography: Displaying sexually explicit material against the woman's will.
   

• Sexually Coloured Remarks: Making comments or remarks of a sexual nature that are inappropriate.
   

2. Punishments for Different Offenses:
 

• Clauses (i), (ii), (iii):
   

  • Rigorous Imprisonment: Offenders can face up to three years of rigorous imprisonment.
     

  • Fine: Offenders are also subject to a fine, or both imprisonment and fine.
     

• Clause (iv):
   

  • Imprisonment: Offenders may be sentenced to up to one year of imprisonment.
     

  • Fine: A fine may also be imposed, or both imprisonment and fine.
     

3. Definitions:
 

• Sexual Harassment: An umbrella term for the actions listed in subsection (1) that offend, intimidate, or coerce a woman in a sexual manner.
   

• Rigorous Imprisonment: A form of imprisonment involving hard labor or stricter conditions compared to regular imprisonment.
   

4. Objective:
 

• Protection from Sexual Harassment: The section aims to protect women from various forms of unwanted sexual behavior and ensure that perpetrators face appropriate legal consequences.
   

BNS-75 defines and categorizes different acts of sexual harassment, specifies the punishments based on the severity of the offense, and emphasizes the legal measures to protect women from such behavior.

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