Code: Section 75 BNS
(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.
Explanation of Section 75 BNS
1. Purpose of Section 75 BNS
This section aims to protect women from sexual harassment in various forms, ensuring they have legal recourse against such acts.
2. Essential Ingredients of the Offence
To constitute sexual harassment under Section 75 BNS, any of the following acts must be committed:
- Unwanted physical contact or advances
- Requesting or demanding sexual favors
- Showing pornography against a woman’s will
- Making sexually explicit comments or remarks
3. Punishment for Sexual Harassment
- Imprisonment – Up to three years.
- Fine – Amount to be decided by the court.
- Both – In some cases, the court may impose both imprisonment and fine.
Related Legal Provisions
- Section 74 BNS – Outraging Modesty of a Woman
- Section 76 BNS – Sexual Harassment at Workplace
- Section 77 BNS – Stalking
- Section 79 BNS – Voyeurism
Illustrations
Example 1: Unwanted Physical Contact
A man touches a woman’s hand or shoulder inappropriately in a public place despite her discomfort. This act is punishable under Section 75 BNS.
Example 2: Demanding Sexual Favors
A supervisor asks his female employee for sexual favors in exchange for a promotion. This act falls under sexual harassment as per Section 75 BNS.
Example 3: Showing Pornographic Material Without Consent
A person forces a woman to watch obscene videos or images against her will. This is a punishable offense under Section 75 BNS.
Example 4: Making Sexually Colored Remarks
If a person makes inappropriate sexual comments or jokes directed at a woman, he is liable under Section 75 BNS.
Landmark Judgments on Sexual Harassment
1. Vishaka v. State of Rajasthan (1997 AIR SC 3011)
This landmark case laid the foundation for sexual harassment laws in India, leading to the development of the Vishaka Guidelines for workplace protection.
2. Apparel Export Promotion Council v. A.K. Chopra (1999 AIR SC 625)
The Supreme Court ruled that physical contact is not necessary for sexual harassment; even verbal or non-verbal gestures can be considered an offense.
Common Questions & Answers
1. Can a man be punished for making inappropriate jokes about a woman?
Yes, sexually colored remarks are punishable under Section 75 BNS.
2. Is touching a woman’s hand without consent considered sexual harassment?
Yes, any form of unwelcome physical contact falls under Section 75 BNS.
3. What if a woman is harassed at her workplace?
For workplace harassment, Section 76 BNS – Sexual Harassment at Workplace applies.
4. What is the difference between Section 74 BNS and Section 75 BNS?
- Section 74 BNS applies when physical force or assault is used to outrage a woman’s modesty.
- Section 75 BNS covers verbal, non-verbal, and physical acts of sexual harassment.
5. Can a woman file a case for receiving inappropriate messages?
Yes, if the messages contain sexually explicit remarks or requests for sexual favors, the sender can be punished under Section 75 BNS.
Conclusion
Section 75 BNS ensures strict legal action against sexual harassment, providing protection to women from physical, verbal, and non-verbal misconduct. The law helps in creating a safer environment for women, whether in public places, workplaces, or private settings.
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