Section 75 of the BNS – The Law Against Sexual Harassment
“When Silence Speaks Louder Than Words: Understanding Section 75 of the Bharatiya Nyaya Sanhita – The Law Against Sexual Harassment”
The Story of a Woman Who Refused to Stay Silent
She stood frozen in the office corridor, clutching her file tightly. Her senior had just brushed past her, a little too close, pretending it was an accident. It wasn’t the first time. His compliments about her “appearance,” his lingering gaze during meetings, and the inappropriate messages that appeared late at night — they had all become part of her daily struggle.
She had tried to ignore it, telling herself that reacting might affect her job, her career, or her reputation. Every day she convinced herself, “It’s not that bad, maybe I’m overreacting.” But the truth was simple — she was being sexually harassed.
One evening, when he called her to his cabin under the pretext of discussing a project and tried to touch her inappropriately, she finally gathered the courage to say “No.” And that one word changed everything.
Her story is not unique. Thousands of women across workplaces, schools, and public spaces face unwanted advances, inappropriate comments, and humiliating behavior every day. It’s here that the law — Section 75 of the Bharatiya Nyaya Sanhita (BNS) — steps in to protect their dignity and ensure that no man can misuse his power to harass or exploit a woman.
Understanding Section 75 of the Bharatiya Nyaya Sanhita, 2023
Section 75 of the Bharatiya Nyaya Sanhita (BNS) deals specifically with sexual harassment, making it a punishable criminal offence. It replaces Section 354A of the Indian Penal Code (IPC) but retains its core objective — to safeguard women against unwanted sexual behavior that violates their dignity.
The law states:
(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), (ii), or (iii) 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) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
What is Sexual Harassment?
Sexual harassment is any unwelcome act or behavior of a sexual nature that causes discomfort, humiliation, or fear in a woman. It can happen anywhere — at workplaces, educational institutions, public transport, or even online.
Under Section 75 BNS, sexual harassment includes the following:
- Unwanted Physical Contact or Advances:
Any physical behavior with sexual intent, such as inappropriate touching, brushing against someone intentionally, or trying to establish physical intimacy without consent. - Demand or Request for Sexual Favours:
This covers situations where a man asks or hints that a woman must offer sexual favors in exchange for benefits — such as a job promotion, grades, or professional support. - Showing Pornography Against Her Will:
Forcing or tricking a woman to view pornographic content without her consent is a form of harassment and is punishable under this section. - Sexually Coloured Remarks:
Making obscene jokes, comments about a woman’s body, dressing, or using vulgar language or innuendo — even if disguised as “humor” — amounts to sexual harassment.
Essence of Section 75 – The Focus on Consent and Dignity
The core idea behind Section 75 is “consent” and “respect for a woman’s dignity.”
A woman’s “no” must always mean “no,” and silence should never be misunderstood as consent.
Sexual harassment is not about attraction or affection — it is about power, control, and disrespect. It strips the victim of her sense of safety, self-worth, and emotional well-being. The law aims to protect women from such degradation and ensure accountability for those who misuse authority or social positions.
Punishment under Section 75 BNS
Section 75 categorizes sexual harassment into two levels of gravity and prescribes punishments accordingly:
- For Physical Contact, Demand for Sexual Favours, or Showing Pornography:
- Rigorous imprisonment up to 3 years, or
- Fine, or both.
- For Sexually Coloured Remarks:
- Imprisonment up to 1 year, or
- Fine, or both.
The distinction ensures that acts involving physical intrusion or coercion are treated more severely than verbal offenses, though both are recognized as criminal acts.
Why Section 75 BNS Matters
For decades, women in India faced workplace and social harassment without clear legal remedies. Before Section 354A IPC (now Section 75 BNS), victims often struggled to fit their experiences under traditional “assault” or “outraging modesty” provisions, which did not address non-physical harassment adequately.
The introduction of Section 75 marks a progressive shift in Indian criminal law — recognizing that dignity and safety extend beyond physical protection. A woman does not need to be touched to be violated; her dignity can be attacked through words, gestures, or coercion.
Legal Remedies Beyond Section 75 BNS
Apart from criminal punishment under Section 75 BNS, women have other legal remedies such as:
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act):
- Applies to all workplaces (public or private).
- Requires every organization with more than 10 employees to form an Internal Complaints Committee (ICC).
- Provides remedies like transfer, leave, and compensation to victims.
- Information Technology Act, 2000:
- Deals with cyber harassment, such as sending obscene material or messages online.
These laws work together to ensure both criminal accountability and institutional redressal for sexual harassment.
Real-Life Impact: Why Many Women Don’t Speak Up
Despite strong legal protections, many women still remain silent. Why?
- Fear of retaliation or losing jobs.
- Stigma and victim-blaming attitudes.
- Lack of awareness of their rights.
- Lack of faith in institutional mechanisms.
Section 75 BNS aims to encourage women to come forward by giving them the backing of criminal law — making it clear that sexual harassment is not a personal issue but a punishable offence.
Judicial View and Case References
- Vishaka v. State of Rajasthan (1997) 6 SCC 241
This landmark case laid the foundation for the protection of women against sexual harassment at workplaces. The Supreme Court recognized that sexual harassment violates the fundamental rights of equality, life, and liberty under Articles 14, 15, and 21 of the Constitution. - Medha Kotwal Lele v. Union of India (2013) 1 SCC 297
The Court reiterated the importance of implementing the Vishaka Guidelines and emphasized strict institutional compliance to protect women. - Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759
The Supreme Court held that physical contact is not necessary for sexual harassment; even attempts to outrage a woman’s modesty or inappropriate propositions are punishable.
These cases reinforced that a woman’s dignity is sacrosanct, and any behavior that violates it — even subtly — invites legal consequences.
How a Woman Can Take Legal Action
If a woman faces sexual harassment, she can:
- File an FIR under Section 75 BNS at the nearest police station.
- Approach the Women’s Cell or Crime Against Women Cell for assistance.
- At workplace, lodge a complaint with the Internal Complaints Committee (ICC) under the POSH Act.
- Collect evidence, such as messages, emails, CCTV footage, or witness statements.
- Seek support from NGOs or legal aid cells that assist in filing and pursuing such cases.
Societal Role in Preventing Sexual Harassment
Laws alone cannot eliminate harassment — society must evolve with awareness, empathy, and accountability. Schools, colleges, and workplaces must educate men and women alike about consent, respect, and professional boundaries.
Every bystander who ignores an incident indirectly contributes to a culture of silence. Speaking up — as a colleague, friend, or witness — can make all the difference.
Challenges in Implementation
Although the law is strong, challenges remain:
- Victim shaming discourages complaints.
- Lengthy trials can exhaust victims emotionally and financially.
- Lack of awareness among women in rural areas.
- Improper implementation of POSH mechanisms in smaller workplaces.
To overcome these, awareness campaigns, gender sensitization workshops, and fast-track courts must be strengthened.
The Emotional and Psychological Impact
Sexual harassment is not merely a legal wrong — it is an emotional trauma. Victims often suffer from anxiety, depression, and self-doubt. The humiliation and fear can lead to long-term psychological damage, affecting their personal and professional lives.
By criminalizing sexual harassment, Section 75 BNS recognizes this deep personal violation and ensures victims receive justice not only through punishment of offenders but also through social acknowledgment of their suffering.
Conclusion
Section 75 of the Bharatiya Nyaya Sanhita is more than just a law — it is a declaration that a woman’s dignity is inviolable. It acknowledges that every woman has the right to live, work, and exist without fear of being demeaned, touched, or spoken to inappropriately.
The story of the woman who stood up to her harasser reminds us that courage can spark change. For every woman who speaks up, there are countless others who find their voice.
Sexual harassment is not about lust; it is about power, dominance, and violation — and through Section 75 BNS, the Indian legal system sends a powerful message: respect is not optional, it is mandatory.
In a world that often asks women to “adjust” or “ignore,” this law stands as a shield — ensuring that no act of harassment, however small, goes unnoticed or unpunished. Because dignity, once lost, cannot be bargained back — it must be protected by law, upheld by society, and defended by courage.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
