Section 354A, C and D
Ankit Kaushik,
Assistant Professor
Section 354A, IPC and 75, BNS
354A. Sexual harassment and punishment for sexual harassment.—(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.
Genesis of Sexual Harassment Laws
Vishakha v. State of Rajasthan, AIR 1997 SC 3011
Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013
Section 2(n):
“sexual harassment” includes any one or more of the following unwelcome acts
or behaviour (whether directly or by implication) namely:—
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
Cases on Interpretation
Overlap between 354 and 354A:
Pappu v. State of Chattisgarh (2015 CriLJ 351)
T. Manikandan v. State (Govt. of Delhi) (2017, Delhi HC)
Sexually Coloured Remarks:
Mahendra Kumar Singh v. Linda Eastwood, (2015) 2 CALLT 357 (HC)
Jishu Sengupta v. State of W.B, (Calcutta HC, 2016)
Dr. Manish Tiwari v. State of Chhattisgarh (2021, Chhatishgarh HC)
Section 354C, IPC
Any man who watches, or captures the image of a woman engaging in a private
act in circumstances where she would usually have the expectation of not being
observed either by the perpetrator or by any other person at the behest of the
perpetrator or disseminates such image shall be punished on first conviction with
imprisonment of either description for a term which shall not be less than one
year, but which may extend to three years, and shall also be liable to fine, and
be punished on a second or subsequent conviction, with imprisonment of either
description for a term which shall not be less than three years, but which may
extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purpose of this section, “private act” includes an act of
watching carried out in a place which, in the circumstances, would reasonably be
expected to provide privacy and where the victim's genitals, posterior or breasts
are exposed or covered only in underwear; or the victim is using a lavatory; or
the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.—Where the victim consents to the capture of the images or any
act, but not to their dissemination to third persons and where such image or act
is disseminated, such dissemination shall be considered an offence under this
section.
Ingredients
Any man;
Watches, captures or disseminates images of a woman engaged in a private
act [Sonu @ Billa v. State (NCT of Delhi) (Delhi HC, 2023)];
In circumstances where she would usually have the expectation of not being
observed;
By the perpetrator or by any person at the behest of perpetrator;
Also includes revenge porn.
Section 77, BNS
Whoever watches, or captures the image of a woman engaging in a private act in
circumstances where she would usually have the expectation of not being
observed either by the perpetrator or by any other person at the behest of the
perpetrator or disseminates such image shall be punished on first conviction with
imprisonment of either description for a term which shall not be less than one
year, but which may extend to three years, and shall also be liable to fine, and
be punished on a second or subsequent conviction, with imprisonment of either
description for a term which shall not be less than three years, but which may
extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purpose of this section, “private act” includes an act of
watching carried out in a place which, in the circumstances, would reasonably be
expected to provide privacy and where the victim’s genitals, posterior or breasts
are exposed or covered only in underwear; or the victim is using a lavatory; or
the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.—Where the victim consents to the capture of the images or any
act, but not to their dissemination to third persons and where such image or act
is disseminated, such dissemination shall be considered an offence under this
section.
Section 354D, IPC and 78, BNS
354D. Stalking.—(1) Any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction
repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, email or any other form of electronic
communication,
commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that
—
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking
had been entrusted with the responsibility of prevention and detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any
person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with
imprisonment of either description for a term which may extend to three years, and shall also
be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of
either description for a term which may extend to five years, and shall also be liable to fine.
Case: Jayaprakash P.P v. Sheeba Ravi, (Kerala HC, 2023)
