Section 75 of BNS - Sexual Harassment

Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023 is a significant provision that deals with the offence of sexual harassment. It is designed to p

Section 75 BNS: Sexual Harassment 

Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023 is a significant provision that deals with the offence of sexual harassment. It is designed to protect women from unwanted sexual behaviour that affects their dignity, safety, and mental well-being. In modern society, harassment can occur in many forms—physical, verbal, visual, and even digital. Recognizing this, the law provides a clear and structured definition of sexual harassment and prescribes punishment accordingly.

The importance of this provision has increased in recent years due to growing awareness about women’s rights and workplace safety. Sexual harassment not only violates a woman’s personal space but also creates a hostile environment that can impact her confidence and quality of life. Section 75 ensures that such behaviour is treated as a criminal offence and is dealt with seriously.

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Exact Text of 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.

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Meaning of Sexual Harassment

In simple terms, sexual harassment refers to any unwelcome behaviour of a sexual nature directed towards a woman. The law emphasizes that the conduct must be unwanted and offensive, regardless of whether it involves physical contact or not.

Sexual harassment can occur in different forms, such as touching, verbal comments, showing obscene material, or making inappropriate demands. The key idea is that every woman has the right to live with dignity and freedom, and any act that violates this right is punishable under the law.

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Nature and Scope of Section 75

Section 75 is broad in scope and covers a wide range of behaviours. It is not limited to serious physical offences but also includes verbal and visual harassment. This makes the provision comprehensive and capable of addressing different types of misconduct.

The section applies in various settings, including:

• Workplaces
• Educational institutions
• Public places
• Online platforms

This wide coverage ensures that women are protected in all aspects of life.

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Acts Covered under Section 75

Physical Contact and Advances

This includes any unwanted physical interaction with sexual intent. It may involve touching, grabbing, or attempting to come close in a sexual manner. The act must be explicit and unwelcome. Even a single act can amount to an offence if it violates the woman’s dignity.

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Demand or Request for Sexual Favours

This refers to situations where a man asks or pressures a woman for sexual favours. It is commonly seen in workplaces, where a person in authority may misuse their position. This is often called quid pro quo harassment, where benefits like promotion, job security, or academic advantage are offered in exchange for sexual favours.

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Showing Pornography Without Consent

Displaying pornographic material to a woman without her consent is also an offence. This includes showing videos, images, or messages that are sexually explicit. With the rise of digital communication, this type of harassment has become more common.

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Sexually Coloured Remarks

This includes making comments, jokes, or statements with sexual undertones. Even if there is no physical contact, such remarks can cause embarrassment, discomfort, and mental distress. The law recognizes that words can also harm dignity.

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Essential Ingredients of the Offence

To establish an offence under Section 75, the following elements must be present:

Unwelcome Conduct

The behaviour must be unwanted by the woman. Consent is the most important factor.

Sexual Nature

The act must involve a sexual element.

Victim Must Be a Woman

The section specifically protects women.

Act Must Fall under Defined Categories

The conduct must fall within the acts listed in the section.

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Importance of Consent

Consent is the foundation of this law. Even a seemingly minor act becomes an offence if it is not welcomed by the woman. The law focuses on the effect of the act on the victim, rather than the intention of the accused alone.

This ensures that women have control over their personal boundaries and are protected from unwanted behaviour.

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Punishment under Section 75

Serious Offences (Clauses i–iii)

For acts involving physical contact, sexual favours, or pornography:

• Rigorous imprisonment up to 3 years, or
• Fine, or
• Both

These are considered serious because they involve direct violation of personal dignity.

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Less Serious Offence (Clause iv)

For sexually coloured remarks:

• Imprisonment up to 1 year, or
• Fine, or
• Both

Although less severe, verbal harassment is still punishable.

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Examples for Better Understanding

A man touches a woman inappropriately in a public place. This is sexual harassment.

A supervisor asks a female employee for sexual favours in exchange for promotion. This is a serious offence.

A person sends obscene videos to a woman without her consent. This is punishable.

A group of individuals make vulgar comments about a woman. This also amounts to harassment.

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Importance of Section 75

Protection of Women

The section provides legal protection against various forms of harassment.

Workplace Safety

It helps in creating safe working environments.

Social Change

It promotes respect and discourages inappropriate behaviour.

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Relationship with POSH Act

Section 75 works alongside the Prevention of Sexual Harassment (POSH) Act, 2013. While the POSH Act provides internal complaint mechanisms in workplaces, Section 75 provides criminal punishment for serious offences.

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Challenges in Implementation

Underreporting

Many victims do not report harassment due to fear or stigma.

Lack of Evidence

Verbal harassment is difficult to prove.

Social Barriers

Cultural and social factors may discourage complaints.

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Role of Society

• Promote respect for women
• Encourage reporting
• Support victims

Legal provisions must be supported by social awareness.

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Key Takeaways

• Section 75 defines sexual harassment clearly
• Covers physical, verbal, and visual acts
• Consent is the key factor
• Punishment varies based on seriousness
• Protects dignity and safety of women

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Conclusion

Section 75 of the Bharatiya Nyaya Sanhita is a comprehensive provision that addresses sexual harassment in all its forms. It recognizes that harassment can occur through actions, words, or visuals, and each of these can harm a woman’s dignity.

By clearly defining offences and prescribing punishment, the law ensures that:

Any unwelcome sexual behaviour towards a woman is punishable.

In simple terms, Section 75 helps build a society where women can live, work, and move freely with confidence, dignity, and safety.