IPC 354A→BNS 75

IPC 354A to BNS 75: Sexual harassment and punishment for sexual harassment

Section 354A IPC (1860) replaced by Section 75 BNS (2023)

View IPC Section 354A →View BNS Section 75 →

IPC 354A to BNS 75 at a Glance

Section 354A IPC (Sexual harassment and punishment for sexual harassment) is now Section 75 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 354A to BNS 75?

Section 354A IPC is succeeded by Section 75 BNS under the heading Sexual harassment. The definition of sexual harassment, the four statutory categories of acts, and the two-tier punishment structure of rigorous imprisonment up to three years or imprisonment up to one year remain substantively identical across both enactments.

IPC 354A vs BNS 75: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section354A75
OffenceSexual harassment and punishment for sexual harassmentSame
PunishmentFor clauses (i), (ii) and (iii) of sub-section (1), rigorous imprisonment for a term which may extend to three years, or fine, or both. For clause (iv), imprisonment of either description for a term which may extend to one year, or fine, or both.Rigorous imprisonment for a term which may extend to three years under sub-section (2) for clauses (i), (ii), and (iii); imprisonment of either description for a term which may extend to one year under sub-section (3) for clause (iv).
FineFine with no fixed limit, alone or with imprisonment, under either sub-section.The court may impose a fine alone or in addition to imprisonment under both sub-sections.
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 354A and BNS 75: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 354A, IPC 1860

354A. Sexual harassment and punishment for 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.
BNS 2023 (in force)

Section 75, BNS 2023

(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.

Ingredients: IPC 354A vs BNS 75

Under IPC 354A
  1. The offender is a man and the act is committed against a woman
  2. The accused committed any of the four statutory acts: physical contact and advances involving unwelcome and explicit sexual overtures; a demand or request for sexual favours; showing pornography against the will of the woman; or making sexually coloured remarks
  3. For physical contact and advances, the sexual overtures were unwelcome and explicit; for pornography, the material was shown against the will of the woman
Under BNS 75
  1. A man committing unwelcome physical contact with explicit sexual overtures, demanding sexual favours, or showing pornography against the will of a woman
  2. A man making sexually coloured remarks to a woman under Section 75 BNS

What IPC 354A to BNS 75 Means for Pending Cases

For Section 354A IPC (now Section 75 BNS): under Section 75 BNS, the offence and punishment are unchanged, so a charge for an act done after the BNS came into force cites Section 75 BNS and is framed on the same elements as before.

FAQs: IPC 354A to BNS 75

What changed from Section 354A IPC to Section 75 BNS?▼

The substantive offence is unchanged. Section 75 BNS preserves the four categories of sexual harassment and the two punishment tiers of up to three years or up to one year imprisonment.

Where is Section 354A IPC located in the Bharatiya Nyaya Sanhita?▼

Section 354A IPC is codified as Section 75 BNS, in Chapter V, Of Offences Against Woman and Child, under the sub-heading Of criminal force and assault against woman.

Does Section 354A IPC or Section 75 BNS apply to an act done before 1 July 2024?▼

Section 354A IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 354A IPC. Section 75 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·