INDIAN KANOON SECTION 354A IPC - Indian Penal Code - Sexual harassment and punishment for sexual harassment [1]


Description

  1. A man committing any of the following acts?
    1. physical contact and advances involving unwelcome and explicit sexual overtures; or
    2. a demand or request for sexual favours; or
    3. showing pornography against the will of a woman; or
    4. 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.


Applicable Offences

1. Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours or showing pornography

Punishment - Upto 3 years or Fine or Both
This is a Bailable, Cognizable offence and triable by Any Magistrate

2. Sexual harassment of the nature of making sexually coloured remark

Punishment - Upto 1 year or Fine or Both
This is a Bailable, Cognizable offence and triable by Any Magistrate

This offence is NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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