Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023

 Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of sexual harassment. This provision outlines specific acts that, when committed by a man, constitute sexual harassment. It aims to protect individuals, particularly women, from inappropriate and harmful behavior, ensuring accountability for such acts.

🔹 Key Provisions of Section 75

Under Section 75, a man is said to commit sexual harassment if he engages in any of the following acts:

1. Physical contact and advances involving unwelcome and explicit sexual overtures

2. A demand or request for sexual favours

3. Showing pornography against the will of a woman

4. Making sexually coloured remarks

These acts are recognized as offenses under this section, aiming to deter such behavior and provide legal recourse to victims.

⚖️ Legal Classification and Punishment

The legal classification and punishment for offenses under Section 75 vary based on the specific act committed:

• Offense: Sexual harassment involving physical contact, advances, demands for sexual favours, or showing pornography against a woman's will

  • Punishment: Imprisonment up to 3 years, or with fine, or both

  • Cognizable: Yes

  • Bailable: Yes

  • Triable by: Any Magistrate

• Offense: Making sexually coloured remarks

  • Punishment: Imprisonment up to 1 year, or with fine, or both

  • Cognizable: Yes

  • Bailable: Yes

  • Triable by: Any Magistrate

These classifications ensure that the severity of the punishment corresponds to the nature of the offense committed.

📚 Additional Context

Section 75 is part of Chapter V of the Bharatiya Nyaya Sanhita, 2023, which deals with offenses against women and children, specifically focusing on sexual offenses. This section replaces and updates provisions from the Indian Penal Code (IPC), aligning with contemporary standards to provide clearer legal definitions and stronger protections against sexual harassment.

For a detailed reading of the Bharatiya Nyaya Sanhita, 2023, you can refer to the official document provided by the Ministry of Home Affairs: