Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 75: Sexual harassment
1) A man committing any of the following acts:
- (i) Physical contact and advances involving unwelcome and explicit sexual overtures.
- (ii) A demand or request for sexual favours.
- (iii) Showing pornography against the will of a woman.
- (iv) Making sexually coloured remarks.
shall be guilty of the offence of sexual harassment.
2) Punishment for offences:
- Any man who commits the offence specified in clause (i), (ii), or (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) Punishment for sexually coloured remarks:
- Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Brief Detail
Section 75 of the BNS Act deals with sexual harassment, specifically targeting actions like physical advances, sexual requests, showing pornography against a woman's will, and making sexually coloured remarks. The punishment varies depending on the nature of the offence, with rigorous imprisonment of up to three years for more severe acts and imprisonment of up to one year for less severe acts.
Question & Answers
Q1: What actions are considered sexual harassment under BNS Section 75?
A: The following actions are considered sexual harassment:
- 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.
- Making sexually coloured remarks.
Q2: What is the punishment for physical contact and advances or demanding sexual favours under BNS Section 75?
A: The punishment for these actions includes rigorous imprisonment for a term up to three years, or a fine, or both.
Q3: How is the act of making sexually coloured remarks punished under BNS Section 75?
A: A person making sexually coloured remarks can face imprisonment of up to one year, or a fine, or both.
Q4: Can a person be punished for showing pornography against a woman’s will under BNS Section 75?
A: Yes, showing pornography against the will of a woman can lead to rigorous imprisonment for up to three years, or a fine, or both.
Q5: What is the distinction between the punishments for different offences under BNS Section 75?
A: The offences involving physical contact, sexual favours, or pornography result in rigorous imprisonment of up to three years, while making sexually coloured remarks leads to imprisonment of up to one year.
Example
1. A man makes an unwanted request for sexual favours to a woman: This action falls under clause (ii) of Section 75(1), and he could face rigorous imprisonment for up to three years, or a fine, or both.
2. A man shows pornographic material to a woman without her consent: This is categorized under clause (iii), and he may be sentenced to rigorous imprisonment up to three years, or a fine, or both.
3. A man makes inappropriate sexually coloured comments to a woman in a public space: This action, under clause (iv), could result in imprisonment for up to one year, or a fine, or both.
Summary
BNS Section 75 outlines sexual harassment and the punishments associated with different forms of this offence. Actions like physical contact, demanding sexual favours, and showing pornography can lead to up to three years of rigorous imprisonment, while making sexually coloured remarks is punishable by up to one year in prison. The law ensures that various forms of harassment are addressed with appropriate penalties.
