Section 75 BNS: Sexual harassment Law Meaning, Punishment & Complete Analysis

Section 75 BNS is a vital provision in India's newly implemented Bharatiya Nyaya Sanhita (BNS), 2023. It tackles the sensitive and critical issue of sexual harassment with clarity and stronger enforcement mechanisms. Section 75 of the Bharatiya Nyaya Sanhita (BNS) deals with sexual harassment . It outlines various acts constituting sexual harassment, such as physical contact with unwelcome sexual overtures, demands for sexual favors showing pornography against a woman's will, or making sexually colored remarks . The section specifies different punishments based on the nature of the act committed, with those involving physical contact or demands carrying a more severe penalty.

Whether you are trying to understand section 75 BNS act 2023, whether section 75 BNS is bailable or not, or section 75 BNS triable by which court, this guide will answer all key questions. We will also explain essential elements, judicial views, landmark cases, and impact under Section 75 BNS. Explore other important Judiciary Notes.

Section 75 BNS: Sexual Harassment

The bare act language of Section 75 of Bhartiya Nyaya Sanhita, 2023 is provided as under :

(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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Free Download PDF on Section 75 BNS

The simplified interpretation of Section 75 of Bharatiya Nyaya Sanhita, 2023 is provided as under in a detailed way. Section 75 defines sexual harassment broadly. What constitutes sexual harassment? It includes:

• Physical contact and advances involving unwelcome sexual overtures;
   
• Demands or requests for sexual favors;
   
• Showing pornography against a woman’s will;
   
• Making sexually colored remarks.

For acts like physical contact, demands, or showing pornography, punishment is rigorous imprisonment up to three years, or a fine, or both, under section 75 2 BNS.
For making sexually colored remarks, section 75 3 BNS states the punishment is imprisonment up to one year or fine, or both.

Section 75 BNS is bailable or not: Serious offenses (physical contact, sexual demands, pornography) are non-bailable and Offenses like sexually colored remarks can be bailable at court discretion.

Section 75 BNS triable by which court: Offenses under section 75 BNS are triable by the Court of Session, reflecting the serious nature of the crime.

Thus, under section 75 BNS, India clearly separates serious acts and lighter offenses with appropriate punishments.

Section 75 BNS: Essential Elements 

To establish an offense under Section 75 BNS, these elements must be proven:

• Act by a Man: Only a male perpetrator is covered.
• Victim is a Woman: The target must be a woman.
• Unwelcome Behavior: The actions must be unsolicited.
• Specified Acts: It must fit one of the acts listed under section 75 1 BNS.
• Intent to Offend: Clear intent to harass sexually must be shown.

Each element plays a vital role in proving guilt under Section 75 BNS.

The nature and scope of Section 75 of the Bharatiya Nyaya Sanhita define its application, highlighting the seriousness of sexual harassment offenses and their legal treatment.

Nature:The nature of section 75 of BNS are given in concise form as under ,

• Cognizable Offense for serious acts.
• Non-bailable for physical advances, sexual demands, and showing pornography (section 75 2 BNS bailable or non bailable — non-bailable).
• Bailable possibly for making sexually colored remarks.

Scope: The scope of section 75 of BNS are given in concise form as under ,

• Section 75 BNS applies to public spaces, workplaces, educational institutions, and private spaces.
• It covers both direct and indirect harassment.
• Protects women from unwanted sexual behavior, maintaining dignity and safety across society.

Thus, under section 75 BNS, sexual harassment laws now have a stronger, broader application.

Comparison Table: Section 75 BNS vs IPC Section 354A

Before BNS, similar conduct was covered under Section 354A Indian Penal Code (IPC). The transition to Section 75 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Aspect	Section 75 BNS	Section 354A IPC
Definition	Clear separation of different acts	Mixed in broader terms
Punishment (Physical, Demands, Pornography)	Up to 3 years rigorous imprisonment	Up to 3 years simple imprisonment
Punishment (Sexually colored remarks)	Up to 1 year imprisonment or fine	Same
Cognizability	Cognizable for serious acts	Cognizable
Bailability	Non-bailable for major acts	Bailable
Trial Court	Court of Session	Magistrate

Section 74 75 BNS together emphasize more serious treatment compared to the old IPC framework.

Section 75 BNS: Judicial Interpretation 

Though Section 75 BNS is newly introduced, courts are expected to rely on established interpretations from past IPC Section 354A cases for its application and understanding.

• Sexual harassment Section 75 BNS involves examining consent, context, and power dynamics.
• Courts have recognized that non-physical acts can also create a hostile environment.

In Apparel Export Promotion Council v. A.K. Chopra (1999), the Court said that even without physical touch, inappropriate behavior can qualify as harassment.
Similarly, Vishaka v. State of Rajasthan (1997) led to defining workplace sexual harassment standards. Thus, judicial interpretation will stress protecting dignity without narrowing harassment to just physical acts under section 75 BNS.

Section 75 BNS: Landmark Cases 

The Indian judiciary has clarified the application of laws similar to section 75 BNS through past rulings under IPC Sections. The landmark Judgments relating to the section are as follows-

Vishaka v. State of Rajasthan (1997)

The Supreme Court, in this landmark case laid down the Vishaka Guidelines, establishing a legal framework to prevent sexual harassment of women at workplaces. It recognized sexual harassment as a violation of fundamental rights under Articles 14, 15, 19 and 21 of the Constitution.

Apparel Export Promotion Council v. A.K. Chopra (1999)

In this case, the Court expanded the definition of sexual harassment, holding that even without physical contact, any behavior that compromises a woman's dignity amounts to harassment. It reinforced that inappropriate conduct, even verbal or suggestive, can violate a woman’s right to a safe workplace.

Medha Kotwal Lele v. Union of India (2013)

The Court emphasized the urgent need for the effective implementation of the Vishaka Guidelines . It directed all states and institutions to set up committees and take proactive measures to protect women from harassment at the workplace .

Sakshi v. Union of India (2004)

In this case, the Court considered broader interpretations of sexual offenses, arguing that sexual crimes should not be narrowly limited to physical penetration. It called for sensitivity towards non-penetrative but equally traumatic offenses.

Delhi Domestic Workers Forum v. Union of India (1995)

Here, the Court highlighted the vulnerability of domestic workers to sexual exploitation and pressed for stronger legal frameworks and support systems to protect their rights and dignity.

These cases will strongly influence how Section 75 BNS is applied today.

Section 75 BNS: Impact 

Section 75 BNS brings a serious shift in handling sexual harassment in India. Making serious acts non-bailable and shifting trials to Court of Session shows that the government wants such crimes treated with gravity.It strengthens women's safety at workplaces, educational centers, and public areas.It ensures offenders face strict action under section 75 BNS act 2023, and victims get speedy, fair trials. It also aligns India's laws closer to international human rights standards.In short, under Section 75 BNS, India takes a stronger step toward dignity and equality.

Conclusion 

In conclusion, Section 75 BNS offers a modern, sharper framework to punish sexual harassment. It clearly separates minor and serious offenses, adjusts punishment properly, and brings better procedural safety to victims.

Section 75 BNS is bailable or not depending on the nature of the offense — serious acts are non-bailable. Trials happen at the Court of Session, ensuring a fair, serious process.

Compared to IPC, section 75 BNS act 2023 offers more precise definitions and stricter handling, reflecting evolving societal needs.

By understanding section 74 75 BNS together, we see India's deeper commitment to protecting women and ensuring justice without compromise.