Sexual Harassment Under the BNS (Section 75): IPC 354A Mapping (2026)
What sexual harassment means under Section 75 of the Bharatiya Nyaya Sanhita (BNS), the acts it covers, the punishment, and how it maps to the old Section 354A of the IPC. Last verified October 2026.
Explainer · Criminal Law · BNS
Sexual harassment is now dealt with by Section 75 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which came into force on 1 July 2024. It replaces Section 354A of the old Indian Penal Code (IPC). The core acts and the punishment stay the same: up to three years of imprisonment for physical advances, a demand for sexual favours, or showing pornography, and up to one year for sexually coloured remarks. This explainer sets out what the section covers, the punishment, and the old-to-new mapping. Last verified October 2026.
- Provision: sexual harassment, Section 75 of the Bharatiya Nyaya Sanhita, 2023.
- Old law: it replaced Section 354A of the Indian Penal Code (in force from 1 July 2024).
- Punishment: up to 3 years for physical advances, a demand for sexual favours, or showing pornography; up to 1 year for sexually coloured remarks; fine in each case.
- Status: cognizable; confirm bailable status and trial court from the BNSS First Schedule.
- Research and tracking: Claw searches 30 crore+ judgments and tracks cases across 9,102 forums.
01What Section 75 of the BNS covers
Section 75 of the BNS defines the offence of sexual harassment. It applies to a man who commits any of four listed acts against a woman.
- 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.
The key idea is that the conduct is unwelcome and sexual in nature. The woman does not have to prove physical injury. A single act from the list can be enough, if the facts fit.
A criminal section, not the POSH Act
Section 75 is a criminal offence under the BNS, tried by a criminal court. It is separate from the workplace redress process under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the POSH Act), which sets up an internal committee. The same facts can lead to both a criminal case and a POSH complaint.
02Old to new: IPC 354A becomes BNS 75
Section 75 of the BNS replaces Section 354A of the IPC. Section 354A was itself added to the IPC by the Criminal Law (Amendment) Act, 2013, after the law reform that followed the Nirbhaya case.
| Old law (IPC) | New law (BNS) | Topic |
|---|---|---|
| Section 354A | Section 75 | Sexual harassment of a woman |
The wording and the list of acts carry over almost unchanged. So case law decided under Section 354A of the IPC stays useful for reading Section 75, because the ingredients are the same. The main difference is the section number, which matters for the way a First Information Report (FIR), charge sheet, and charge are now drawn up.
03Punishment and classification
The punishment under Section 75 depends on which act is proved.
- Physical advances, a demand for sexual favours, or showing pornography (the first three acts): rigorous imprisonment for a term which may extend to three years, or a fine, or both.
- Sexually coloured remarks (the fourth act): imprisonment of either description for a term which may extend to one year, or a fine, or both.
Sexual harassment under Section 75 is a cognizable offence, which means the police can register an FIR and start an investigation without first getting an order from a Magistrate.
Whether the offence is bailable, and which court tries it, should be confirmed from the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), as amended on the date of the case. Under the old IPC 354A the offence was treated as bailable and triable by any Magistrate. Check the current classification before you advise.
04What changed from the old law
For most practical purposes, Section 75 of the BNS restates the old Section 354A of the IPC. The acts that count as sexual harassment, and the punishment tied to each, are the same.
What has changed is the framework around the section. The whole criminal code is renumbered, the procedure now runs under the BNSS instead of the old Code of Criminal Procedure, and evidence is governed by the Bharatiya Sakshya Adhiniyam, 2023 instead of the old Indian Evidence Act. So a lawyer searching for the current law has to use the new section number, while still drawing on judgments decided under the old one.
For related offences against women under the new code, see Section 74 on outraging a woman’s modesty, Section 78 on stalking, and Section 77 on voyeurism.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Offences under Section 75 are charged and litigated in trial courts across India, and the old Section 354A still appears in pending matters and in reported judgments. This is where research and tracking help. With Claw you can search 30 crore+ judgments and orders by section, party, or advocate, with results in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals, with automatic updates, cause lists, and WhatsApp and email alerts. So you can pull up how courts have read the sexual harassment provision, and keep sight of a live matter at the same time. See how case search works across Indian courts for more.
Claw does not file a case for you and does not replace legal advice. Claw does not use customer case documents to train AI models. There is a free plan for individual advocates. Create a FREE Claw account to search and track cases under this section by party or advocate name.
06Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- Ministry of Home Affairs (the three new criminal laws): mha.gov.in
- Text of BNS Section 75: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the section and the BNSS First Schedule, and take advice from counsel, before you act.
07Frequently asked questions
What is Section 75 of the BNS?
Section 75 of the Bharatiya Nyaya Sanhita, 2023 is the offence of sexual harassment. It covers unwelcome physical advances with explicit sexual overtures, a demand or request for sexual favours, showing pornography against a woman’s will, and sexually coloured remarks. It replaced Section 354A of the IPC from 1 July 2024.
Which IPC section is now BNS Section 75?
Section 354A of the Indian Penal Code. It was added to the IPC in 2013 and has now been re-enacted as Section 75 of the BNS, with the same acts and punishment.
What is the punishment under BNS Section 75?
For physical advances, a demand for sexual favours, or showing pornography, the punishment is rigorous imprisonment up to three years, or a fine, or both. For sexually coloured remarks, it is imprisonment up to one year, or a fine, or both.
Is sexual harassment under BNS 75 a cognizable offence?
Yes. It is cognizable, so the police can register an FIR and investigate without a prior order from a Magistrate. Whether it is bailable, and which court tries it, should be confirmed from the current BNSS First Schedule.
Is Section 75 the same as a POSH Act complaint?
No. Section 75 is a criminal offence tried by a criminal court. The POSH Act, 2013 sets up a separate internal committee process at the workplace. The same facts can give rise to both.
Can I find cases under BNS 75 or IPC 354A in Claw?
Yes. Claw lets you search 30 crore+ judgments and orders by section, party, or advocate in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals. It does not file a case or give legal advice.