Section 354A IPC: Sexual harassment and punishment for sexual harassment

Indian Penal Code, 1860

Section 354A IPC at a Glance

Section 354A IPC deals with sexual harassment and punishment for sexual harassment. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 75 BNS.

Punishment

For 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.

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

Section 75 →

Section 354A IPC Bare Act Text

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.

Source: Section 354A, Indian Penal Code, 1860

Section 354A IPC in Simple Words

Section 354A of the Indian Penal Code (IPC) defines and punishes the offence of sexual harassment committed by a man against a woman. It specifies four categories of acts: physical contact and advances involving unwelcome and explicit sexual overtures; a demand or request for sexual favours; showing pornography against the will of a woman; and making sexually coloured remarks.

Committing any act in the first three categories is punishable under sub-section 2 with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. Making sexually coloured remarks is punishable under sub-section 3 with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

The offence is cognizable, bailable, triable by any Magistrate, and not compoundable under Section 320 CrPC.

Ingredients of Section 354A IPC

  • The offender is a man and the act is committed against a woman
  • 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
  • For physical contact and advances, the sexual overtures were unwelcome and explicit; for pornography, the material was shown against the will of the woman

Punishment Under Section 354A IPC

Imprisonment

For 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.

Fine

Fine with no fixed limit, alone or with imprisonment, under either sub-section.

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

Sexual harassment by physical contact and advances, a demand or request for sexual favours, or showing pornography against a woman's will is punishable with rigorous imprisonment for up to three years, or with fine, or with both. Making sexually coloured remarks is punishable with imprisonment of either description for up to one year, or with fine, or with both.

Example of Section 354A IPC

In July 2021, at a garment workshop in Kochi, supervisor Vikram cornered tailor Meera in the storage room. Vikram, a man, touched Meera's hand in an unwelcome advance involving explicit sexual overtures, made sexually coloured remarks, demanded sexual favours to approve her leave, and showed pornography on his tablet against her will. Meera objected and walked out. By making unwelcome physical contact with explicit sexual overtures, demanding sexual favours, showing pornography against a woman's will, and making sexually coloured remarks, Vikram committed sexual harassment. Vikram is punishable under Section 354A IPC.

When Section 354A IPC Does Not Apply

  • Section 354A IPC does not apply when the person accused of the conduct is not a man.
  • Section 354A IPC does not apply when physical contact or advances do not involve unwelcome and explicit sexual overtures.
  • Section 354A IPC does not apply when pornographic material is viewed with the woman's consent rather than shown against her will.
  • Section 354A IPC does not apply when the interaction involves ordinary conversation without any demand or request for sexual favours or sexually coloured remarks.

Section 354A IPC in the BNS

Section 354A IPC is now covered under Section 75 BNS.

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.

View detailed comparison (IPC 354A vs BNS 75) →

FAQs on Section 354A IPC

What acts constitute sexual harassment under Section 354A IPC?▼

Sexual harassment under Section 354A IPC includes unwelcome physical contact with sexual overtures, demands for sexual favours, showing pornography against a woman's will, or making sexually coloured remarks.

What is the punishment under Section 354A IPC?▼

For physical contact, demanding sexual favours or showing pornography, the sentence extends up to three years of rigorous imprisonment, or fine, or both. For sexually coloured remarks, the sentence extends up to one year of imprisonment of either description, or fine, or both.

Does Section 354A IPC apply to female offenders?▼

No. The statute expressly states that the offence is committed by a man against a woman.

What is the difference between Section 354 IPC and Section 354A IPC?▼

Section 354 IPC requires assault or use of criminal force with intent to outrage modesty, whereas Section 354A IPC penalizes specific verbal, visual, and physical sexual harassment conduct without requiring an assault.

Is an offence under Section 354A IPC cognizable and bailable?▼

An offence under Section 354A IPC is cognizable and bailable under the First Schedule to the CrPC.

Which court is competent to try Section 354A IPC?▼

An offence under Section 354A IPC is triable by any Magistrate.

Can an offence under Section 354A IPC be compounded?▼

No. Section 354A IPC is not compoundable under Section 320 CrPC.

What is the corresponding provision for Section 354A IPC in the Bharatiya Nyaya Sanhita?▼

Section 354A IPC corresponds to Section 75 BNS, which retains the same four statutory categories and punishment tiers.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·