Section 75 BNS: Sexual harassment

Bharatiya Nyaya Sanhita, 2023

Section 75 BNS at a Glance

Section 75 BNS deals with sexual harassment. It is cognizable; it replaced Section 354A IPC on 1 July 2024.

Punishment

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).

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 354A →

Section 75 BNS Bare Act Text

(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.

Source: Section 75, Bharatiya Nyaya Sanhita, 2023

Section 75 BNS in the IPC (Previous Law)

Section 75 BNS replaced Section 354A IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 75 BNS

Does Section 75 BNS cover workplace harassment only?▼

No. It can apply in the workplace, on the street, in public transport, or anywhere else the conduct occurs. The setting may affect the evidence, but the section is not limited to employment cases.

Under Section 75 BNS, is a single offensive comment enough?▼

It can be, if the remark is sexually coloured and falls within the provision. The facts matter. Courts look at the words used, the context, and whether the conduct was unwelcome.

Under Section 75 BNS, what is the punishment for demanding sexual favours?▼

For demanding or requesting sexual favours, the punishment is rigorous imprisonment for a term which may extend to three years, or fine, or both. The same punishment also applies to physical contact and advances involving unwelcome and explicit sexual overtures, and showing pornography against the will of a woman.

Has Section 75 BNS changed under the new criminal law?▼

Yes, the earlier provision has been replaced by Section 75 BNS of the Bharatiya Nyaya Sanhita, 2023. The substance and two-tier punishment structure remain the same, while the section number has changed to Section 75 BNS.

What acts are covered as sexual harassment under Section 75 BNS?▼

Section 75 BNS covers four kinds of acts by a man against a woman: unwelcome physical contact and explicit sexual overtures, a demand or request for sexual favours, showing pornography against her will, and making sexually coloured remarks. The section treats all of these as sexual harassment.

What has to be proved for Section 75(2) BNS to apply?▼

For Section 75(2) BNS, the allegation must be about one of these acts: unwelcome physical contact and explicit sexual overtures, a demand or request for sexual favours, or showing pornography against the will of a woman. The act must fall within clause (i), clause (ii), or clause (iii) of Section 75(1).

What is the punishment for sexual harassment under Section 75(2) BNS?▼

Under Section 75(2) BNS, a man who commits the acts in Section 75(1)(i), (ii), or (iii) may be punished with rigorous imprisonment for up to three years, or with fine, or with both. If the allegation is only about sexually coloured remarks under Section 75(1)(iv), the punishment is different and is given in Section 75(3) BNS.

How is sexually coloured remarks different from other sexual harassment under Section 75 BNS?▼

Section 75 BNS separates sexually coloured remarks from the other three acts. Physical contact with unwelcome explicit sexual overtures, asking for sexual favours, and showing pornography against a woman's will are punished under Section 75(2) BNS, while sexually coloured remarks are punished separately under Section 75(3) BNS with up to one year, or fine, or both.

What does Section 75(3) of the BNS punish in sexual harassment cases?▼

Section 75(3) BNS punishes the act in clause (iv) of Section 75(1), which is making sexually coloured remarks. The text applies when a man makes such remarks to a woman. The punishment can be imprisonment up to one year, or fine, or both.

What has to be shown for Section 75(3) BNS to apply?▼

The text requires that the act falls under clause (iv) of Section 75(1), namely making sexually coloured remarks. So the allegation must be about sexual remarks, not physical contact, a demand for sexual favours, or showing pornography. Which exact words or conduct fit this will depend on the facts of the case.

What is the punishment for sexually coloured remarks under Section 75(3) BNS?▼

Section 75(3) BNS says the punishment is imprisonment of either description for a term which may extend to one year, or with fine, or with both. The section does not fix a minimum sentence. The exact punishment, if any, depends on the court's decision on the facts.

How is Section 75(3) BNS different from the other sexual harassment acts in Section 75?▼

Section 75(3) covers only clause (iv), which is making sexually coloured remarks. The other acts listed in Section 75(1) are physical contact and unwelcome explicit sexual overtures, a demand or request for sexual favours, and showing pornography against the will of a woman, and those are punished under Section 75(2). Under this section, those other acts can carry imprisonment up to three years, while sexually coloured remarks can carry imprisonment up to one year.

Section 75 BNS: Sub-sections Explained

Section 75(1) BNS: Sexual harassment and punishment for sexual harassment

▶

Bare Act Text

(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.

Explained in Simple Words

Section 75 of the Bharatiya Nyaya Sanhita (BNS) deals with sexual harassment. It covers unwelcome physical contact and advances involving explicit sexual overtures, a demand or request for sexual favours, showing pornography against the will of a woman, and making sexually coloured remarks. The law is meant to protect women from conduct by a man that violates dignity and creates a hostile or intimidating environment. This section applies when the act is committed by a man against a woman and the conduct falls within one of the four specific forms listed in the provision.

In practice, it is used in workplace complaints, public harassment cases, and disputes involving objectionable behaviour. The section matters because it gives a clear criminal remedy where the conduct may not amount to a more serious sexual offence, but still causes fear, humiliation, or mental distress. Since this provision now appears as Section 75 BNS in the Bharatiya Nyaya Sanhita, 2023, older law references are still commonly seen in pending matters and earlier legal records.

Key Ingredients

  • A man committing unwelcome physical contact with explicit sexual overtures, demanding sexual favours, or showing pornography against the will of a woman
  • A man making sexually coloured remarks to a woman under Section 75 BNS

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 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).

💰 The court may impose a fine alone or in addition to imprisonment under both sub-sections.

Sexual harassment under clauses (i), (ii), or (iii) of Section 75(1) BNS carries rigorous imprisonment up to three years, or fine, or both under Section 75(2) BNS. Making sexually coloured remarks under clause (iv) carries imprisonment of either description up to one year, or fine, or both under Section 75(3) BNS.

Real-World Example

In an office in Pune, Ramesh approached his female colleague Sunita at her desk, making explicit and unwelcome physical contact by touching her shoulder and leaning closely over her while making overt sexual advances despite her clear objection. Sunita asked him to stop immediately. Ramesh, being a man, committed physical contact and advances involving unwelcome and explicit sexual overtures against a woman. Ramesh committed the offence of sexual harassment punishable under Section 75 BNS.

When This Does Not Apply

  • The accused person is not a man, as Section 75 BNS applies only to acts committed by a man against a woman
  • The physical contact and advances did not involve unwelcome and explicit sexual overtures, or the pornography was not shown against the will of the woman
  • The conduct did not fall within any of the four specific statutory categories of unwelcome sexual overtures, demands for sexual favours, showing pornography, or sexually coloured remarks

Previous Law

IPC 354A → Section 75(1) BNS

Section 354A IPC is succeeded by Section 75(1) 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.

Section 75(2) BNS: Sexual harassment

▶

Bare Act Text

(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.

Explained in Simple Words

Section 75(2) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for the first three forms of sexual harassment defined in Section 75(1) BNS. It applies specifically to any man who commits an offence specified in clause (i), clause (ii), or clause (iii) of Section 75(1) BNS. Under this sub-section, the offender shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

The three acts covered by Section 75(2) BNS are physical contact and advances involving unwelcome and explicit sexual overtures under clause (i), a demand or request for sexual favours under clause (ii), and showing pornography against the will of a woman under clause (iii). Proof of any one of these three acts by a man is sufficient to attract the punishment in this sub-section.

Section 75(2) BNS does not apply where the allegation is only that a man made sexually coloured remarks under clause (iv) of Section 75(1) BNS. That fourth category is punished separately under Section 75(3) BNS with a lower maximum term of imprisonment.

Key Ingredients

  • The accused is a man
  • He commits the offence of sexual harassment specified in clause (i), clause (ii), or clause (iii) of Section 75(1) BNS
  • The act consists of physical contact and advances involving unwelcome and explicit sexual overtures, or a demand or request for sexual favours, or showing pornography against the will of a woman

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Rigorous imprisonment for up to three years.

💰 The offender may be punished with fine alone, or with both imprisonment and fine.

A man who commits sexual harassment under clause (i), clause (ii), or clause (iii) of Section 75(1) BNS is punishable under Section 75(2) BNS with rigorous imprisonment for up to three years, or with fine, or with both.

Real-World Example

At a garment warehouse on the outskirts of Jodhpur, Anil called a female employee, Kavita, into a storeroom during work and said he would arrange better shifts if she agreed to spend the night with him. When Kavita refused, Anil stepped closer, touched her hand and shoulder, and repeated the request in a sexual manner. Arjun, another employee, heard Kavita object and saw her come out visibly upset. These facts fall within Section 75(2) BNS because Anil, a man, made a demand for sexual favours along with unwelcome physical contact and explicit sexual overtures against a woman, which is punishable with rigorous imprisonment up to three years, or fine, or both.

When This Does Not Apply

  • Making sexually coloured remarks alone under clause (iv), which is punished under Section 75(3) BNS and not Section 75(2) BNS
  • Physical contact that is welcomed and does not involve unwelcome and explicit sexual overtures
  • Showing sexual content to a woman with her consent and not against her will
  • A general workplace favour request with no sexual favour demanded
  • Conduct by a person who is not a man

Section 75(3) BNS: Sexual harassment

▶

Bare Act Text

(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.

Explained in Simple Words

Section 75(3) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for the fourth form of sexual harassment defined in clause (iv) of Section 75(1) BNS. It applies specifically to any man who commits the offence of sexual harassment by making sexually coloured remarks. Under this sub-section, the offender shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Under the structure of Section 75 BNS, sub-section (1) defines four acts by a man as sexual harassment, and sub-sections (2) and (3) divide the punishment according to the nature of the conduct. While clause (i) covers unwelcome physical contact and explicit sexual overtures, clause (ii) covers a demand or request for sexual favours, and clause (iii) covers showing pornography against the will of a woman, clause (iv) deals with making sexually coloured remarks.

Unlike Section 75(2) BNS, which prescribes rigorous imprisonment for up to three years for clauses (i) to (iii), Section 75(3) BNS allows imprisonment of either description, meaning simple or rigorous imprisonment, for up to one year, or fine, or both.

Key Ingredients

  • The accused is a man
  • He made sexually coloured remarks
  • The act falls under clause (iv) of sub-section (1)
  • The remarks amount to sexual harassment under the section

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment of either description for up to one year.

💰 The offender may be punished with fine alone, or with both imprisonment and fine.

A man who commits sexual harassment by making sexually coloured remarks under clause (iv) of Section 75(1) BNS is punishable under Section 75(3) BNS with imprisonment of either description for up to one year, or with fine, or with both.

Real-World Example

Outside a coaching centre on the Indore-Ujjain Road, Rukhsana was waiting with Vikram when Sanjay began making repeated sexually coloured remarks about her body in front of others. Rukhsana clearly told him to stop, but Sanjay continued speaking in the same sexual manner. Vikram heard the remarks and later went with Rukhsana to report the incident. These facts fit Section 75(3) BNS because the allegation is not about physical contact, a request for sexual favours, or showing pornography, but about sexually coloured remarks made by a man, which are punishable under Section 75(3) BNS with imprisonment up to one year, or fine, or both.

When This Does Not Apply

  • A rude argument or insult with no sexually coloured remarks
  • A woman making such remarks, because this text applies to a man committing the act
  • Consensual conversation without unwelcome sexual content
  • Physical contact and explicit sexual overtures, which fall under clause (i) and are dealt with under sub-section (2), not sub-section (3)

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·