BNS Section 75 : Sexual harassment and punishment for sexual harassment .

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Introduction of Section 75 BNS

BNS Section 75 of the Bharatiya Nyaya Sanhita deals with the crime of sexual harassment and its punishments. It clearly defines acts such as unwanted physical contact, demands for sexual favors, showing pornography without consent, and making sexually colored remarks as punishable offenses. The law ensures strict action against offenders with imprisonment and fines, while also empowering victims with immediate legal protection. By classifying these acts as cognizable and non-bailable, Section 75 reflects the seriousness with which India addresses sexual harassment and safeguards the dignity of women in workplaces, public spaces, and society at large.

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What is section 75 of BNS ?

BNS Section 75 defines the offense of sexual harassment, detailing acts such as physical contact with sexual intent, requests for sexual favors, showing pornography without consent, and making sexually colored remarks. The section outlines the punishments for these offenses, which include imprisonment and fines.

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BNS Section 75 in Simple Points

(This section replaces parts of IPC Section 354A and is included in the Bharatiya Nyaya Sanhita, 2023.)

1. Meaning of Section 75

BNS Section 75 explains what counts as sexual harassment. It covers actions like unwanted touching, asking for sexual favors, showing pornography without consent, and making sexual or vulgar remarks. These acts are treated as crimes, and the law gives punishments depending on how serious the act is.

2. Purpose of Section 75

The goal of this section is to:

• Protect women from unwanted sexual behavior.
• Make workplaces, schools, and public places safer.
• Give victims a clear legal remedy.
• Stop people from misusing power for sexual favors.
• Show that even remarks or verbal abuse are punishable.

3. Key Points of Section 75

For the offence to apply:

• The act must be unwelcome or without consent.
• It must be done with a sexual motive or intent to insult a woman’s dignity.
• The offence is cognizable – police can arrest without a warrant.
• The offence is non-bailable – bail is not given as a right.
• The case is tried in a Sessions Court.

4. Punishments under Section 75

• Serious Harassment – Section 75(1):
  • Covers physical contact, demands for sexual favors, or showing pornography.
  • Punishment: Rigorous imprisonment up to 3 years, or fine, or both.
• Verbal Harassment – Section 75(2):
  • Covers sexually colored remarks or inappropriate comments.
  • Punishment: Imprisonment up to 1 year, or fine, or both.

5. Examples of Section 75

• A manager asks his employee for sexual favors to approve her promotion. → Punishable under 75(1).
• A man shows pornography to a woman without her consent. → Punishable under 75(1).
• A group of men shout vulgar sexual remarks at a woman on the street. → Punishable under 75(2).
• If two adults are in a consensual relationship, this law does not apply.

6. Importance of Section 75

This section is very important because it:

• Protects women’s dignity and safety.
• Covers all forms of sexual harassment – physical, verbal, and visual.
• Gives victims strong legal rights and quick police action.
• Sends a strong warning to offenders with strict punishments.
• Builds trust by ensuring safer workplaces, public spaces, and institutions.

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Section 75 BNS Overview

BNS Section 75 of the Bharatiya Nyaya Sanhita (BNS) is a legal provision that addresses the offense of sexual harassment. It specifically defines various acts that are considered sexual harassment, such as physical advances, demands for sexual favors, and making sexually explicit remarks. The section prescribes different levels of punishment depending on the severity of the act, aiming to protect individuals, especially women, from such inappropriate behavior.

Section 75 BNS Overview – 10 Key Points

1. Protection from Unwanted Sexual Advances

The law safeguards women from unwanted physical advances or contact made with sexual intent. Any act of touching or attempting to touch without consent is classified as sexual harassment, even if it does not escalate into more serious crimes.

2. No Tolerance for Demands for Sexual Favors

If a person demands sexual favors, whether directly or indirectly, it becomes a punishable offence under Section 75. This covers harassment at workplaces, educational institutions, or any environment where power is misused to pressure women into giving sexual favors.

3. Showing Pornography Without Consent

Forcing someone to watch pornographic content against their will is explicitly included in this law. Such acts are not only indecent but also deeply violating, and the section prescribes punishment for anyone engaging in them.

4. Penalties for Sexual Remarks

Making sexually inappropriate, vulgar, or suggestive remarks is also considered sexual harassment. This ensures that verbal harassment — which is often overlooked — is legally recognized as a crime that impacts dignity and mental well-being.

5. Imprisonment for Serious Offenses

Depending on the act, punishments vary. For serious forms of harassment like physical contact or demands for sexual favors, the offender may face rigorous imprisonment of up to three years, ensuring strong deterrence.

6. Fines as an Additional Punishment

Apart from jail time, offenders can also be fined by the court. The amount is determined based on the gravity of the offence, serving both as punishment and as partial relief to the victim.

7. Immediate Police Action

The offence is cognizable, meaning the police can register a case and arrest the accused without a warrant. This provision ensures swift action so that victims feel protected and offenders cannot delay justice.

8. Non-Bailable Nature of the Offense

Since the offence is non-bailable, the accused cannot walk free simply by applying for bail. Bail decisions are made only by the court, keeping the process strict and protecting the victim during the trial.

9. Legal Proceedings in a Higher Court

Cases under Section 75 are triable by a Sessions Court, which is empowered to handle serious criminal matters. This ensures that cases of sexual harassment receive careful judicial scrutiny.

10. Comprehensive Legal Protection

Most importantly, BNSS Section 75 provides broad legal protection against sexual harassment in any form — physical, verbal, or visual. It empowers women to report misconduct and ensures that offenders face meaningful consequences, thereby promoting safer public, social, and professional environments.

Examples Related to BNS Section 75

1. Example 1: Unwanted Physical Contact:
   • A woman is working in her office when a male colleague makes unwanted physical advances towards her, touching her inappropriately. The woman reports the incident to the police, and the colleague is arrested under BNS Section 75 for sexual harassment. He faces rigorous imprisonment for up to three years and a fine for his actions.
2. Example 2: Sexual Remarks in Public:
   • A man makes sexually suggestive remarks to a woman while she is waiting at a bus stop. The woman feels harassed and reports the incident to the authorities. The man is arrested and charged under BNS Section 75 for making sexually colored remarks. He is sentenced to imprisonment for up to one year and is also fined.

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BNS 75 Punishment

Imprisonment:

• For more severe offenses, the punishment can be rigorous imprisonment for up to three years. For lesser offenses like making sexually colored remarks, imprisonment can be up to one year.

Fine:

• In addition to imprisonment, the court may impose a fine on the offender, reflecting the seriousness of the crime.

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BNS Section 75(1)

1. What It Covers: This section deals with severe forms of sexual harassment. It includes:
   • Physical contact that is unwelcome.
   • Requests or demands for sexual favors.
   • Showing pornography to someone against their will.
2. Punishment: If someone is found guilty of these actions, they can be punished with:
   • Rigorous imprisonment for up to three years.
   • A fine, or both imprisonment and a fine.
3. Severity: The nature of the harassment is considered serious because it involves direct and explicit actions.
4. Legal Process: The case will be handled as a cognizable offense, which means the police can arrest the person without a warrant.
5. Court: The case will be tried in a Court of Session, which deals with serious crimes.

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BNS Section 75(2)

1. What It Covers: This section focuses on less severe sexual harassment, specifically:
   • Making sexually colored or inappropriate remarks.
2. Punishment: If someone is found guilty of making such remarks, they can be punished with:
   • Imprisonment for up to one year.
   • A fine, or both imprisonment and a fine.
3. Severity: This type of harassment is considered less severe compared to the actions described in 75(1), as it involves verbal conduct.
4. Legal Process: Like 75(1), this is also a cognizable offense, so the police can arrest the person without a warrant.
5. Court: The case will be tried in a Court of Session, which handles serious offenses.

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BNS 75 bailable or not ?

No, offenses under BNS Section 75 are non-bailable, meaning the accused does not automatically have the right to bail and must seek it from the court.

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Comparison: BNS Section 75 vs IPC Section 354A (Sexual Harassment)

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BNS Section 75 FAQs

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Conclusion

BNS Section 75 plays a crucial role in safeguarding women’s dignity and ensuring justice in cases of assault or force intended to outrage modesty. By prescribing strict punishment, making the offence cognizable and non-bailable, and removing scope for compromise, this section strengthens women’s legal protection in India. It sends a strong message that any attempt to insult or degrade a woman will face serious consequences under the Bharatiya Nyaya Sanhita, 2023.

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Finished with BNS 75 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS Section 76 : Assault or use of criminal force to woman with intent to disrobe .
• https://marriagesolution.in/bns_section/bns-section-76/
• Section 77 BNS : Voyeurism .
• https://marriagesolution.in/bns_section/section-77-bns/
• BNS Section 78 : Stalking .
• https://marriagesolution.in/bns_section/bns-section-78/
• BNS Section 79 : Word, gesture or act intended to insult the modesty of a woman .
• https://marriagesolution.in/bns_section/bns-section-79/

Of Offences Relating To Marriage

• BNS 80 : Dowry death .
• https://marriagesolution.in/bns_section/bns-80/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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