What is Section 354A IPC? Sexual harassment and punishment for sexual harassment
Published on: Lawiz Team
Learn about Section 354A IPC: Sexual harassment and punishment for sexual harassment
Official Legal Text
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 favors; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually colored 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.
What This IPC Section Means – Explained in Simple Words
Section 354A punishes anyone who sexually harasses a woman, including unwelcome physical contact, demands for sexual favors, or showing pornography without consent.
Purpose
To protect women from sexual harassment in any form, whether physical, verbal, or non-verbal.
Bailable or Not Bailable & Punishment
Bailable: Bailable for minor offences, Non-Bailable for serious offences, Punishment: Imprisonment up to 3 years, or fine, or both for sexual harassment; Imprisonment up to 1 year, or fine, or both for other acts.
Key Elements
1. Unwelcome physical contact or advances. 2. A demand or request for sexual favors. 3. Showing pornography without consent. 4. Making sexually colored remarks.
Punishment Details
Imprisonment for a term up to three years, or a fine, or both, depending on the severity of the offence.
Illustrative Example
If a person makes obscene comments towards a woman or shows her pornographic material without consent, it is punishable under Section 354A.
Legal Defenses
If the accused can prove that the interaction was consensual and there was no harassment, they may be acquitted.
Related Sections
Related to Section 354 (Outraging modesty of a woman), Section 509 (Insulting modesty), and Section 376 (Rape).
FAQs
What acts constitute sexual harassment under Section 354A IPC?
Unwelcome physical contact, sexual favours request, showing pornography, sexual remarks.
What is the punishment for Section 354A IPC?
Up to 3 years imprisonment or fine or both.
Is it cognizable?
Yes, depending on the act, it is cognizable and non-bailable.
Give an example of offence under Section 354A IPC.
Demanding sexual favours at workplace.
What are possible defences?
Consent, lack of criminal intent may be pleaded as defence.
How to proceed legally under Section 354A IPC?
File FIR under IPC provisions at police station.
Which court hears Section 354A IPC cases?
Magistrate courts hear Section 354A offences.