IPC Section 354A — Sexual harassment and punishment for sexual harassment

criminal force and assault

Criminal

Punishment

Rigorous imprisonment up to 3 years, or fine, or both

As the section puts it: “shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both”

Summary

A man commits the offence of sexual harassment if he does any of the following: makes physical contact or advances that involve unwelcome and clear sexual overtures; demands or requests sexual favours; shows pornography to a woman against her will; or makes sexually coloured remarks. If a man is found guilty of physical contact or advances, demanding sexual favours, or showing pornography, he can be punished with rigorous imprisonment for up to three years, or a fine, or both. If a man is found guilty of making sexually coloured remarks, he can be punished with imprisonment of any type for up to one year, or a fine, or both.

Official Text

A man committing any of the following acts
physical contact and advances involving unwelcome and explicit sexual overtures; or
a demand or request for sexual favours; or
showing pornography against the will of a woman; or
making sexually coloured remarks, shall be guilty of the offence of sexual harassment1.
Any man who commits the offence specified in clause , or clause , or clause , 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.
Any man who commits the offence specified in clause 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.

Referred to by

Related Judgments

  • APARNA BHAT & ORS. vs STATE OF MADHYA PRADESH & ANR — Supreme Court of India (2021)
  • Judgment reserved on : 17.01.2022; Date of decision : 01.02.2022; MOHD vs THE STATE NCT OF DELHI — Delhi High Court (2022)
  • INDIAN HOTEL AND RESTAURANT ASSOCIATION (AHAR) & ANR. vs THE STATE OF MAHARASHTRA & ORS — Supreme Court of India (2019)
  • IN RE: GANG RAPE ON ORDERS OF COMMUNITY PANCHAYAT vs IN RE: GANG RAPE ON ORDERS OF COMMUNITY PANCHAYAT — Supreme Court of India (2014)

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