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 harassment.
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. 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.
IPC Section 354A: Simplified Explanation
IPC Section 354A of the Indian Penal Code deals with the offence of “sexual harassment.” This section was added through the Criminal Law (Amendment) Act, 2013 to specifically address various acts of sexual harassment. It includes several sub-clauses that define different forms of sexual harassment and prescribe corresponding punishments.
Key elements of this section include:
- Unwelcome Physical Contact and Advances: Any physical contact and advances involving unwelcome and explicit sexual overtures.
- Demand or Request for Sexual Favours: Making a demand or request for sexual favours.
- Showing Pornography: Showing pornography against the will of a woman.
- Making Sexually Colored Remarks: Making any sexually coloured remarks.
Is IPC Section 354A Bailable?
The bailability of IPC Section 354A depends on the specific sub-clause under which the offence falls:
- Sub-clauses (i), (ii), and (iii): Offences under these sub-clauses (unwelcome physical contact, demand for sexual favours, and showing pornography) are non-bailable.
- Sub-clause (iv): Making sexually coloured remarks is a bailable offence.
IPC Section 354A Punishment
The Punishment under IPC Section 354A varies based on the specific sub-clause:
- Unwelcome Physical Contact and Advances (Sub-clause i): Imprisonment for up to three years, with a fine or both.
- Demand or Request for Sexual Favors (Sub-clause ii): Imprisonment for up to three years, with a fine or both.
- Showing Pornography (Sub-clause iii): Imprisonment for up to three years, or with a fine, or with both.
- Making Sexually Colored Remarks (Sub-clause iv): Imprisonment for up to one year, with a fine or both.
Example of IPC Section 354A
A real-life example of IPC Section 354A involved a case where a male colleague at a workplace made repeated and unwelcome advances towards a female colleague, including touching her inappropriately and asking for sexual favours. The female colleague reported the behaviour to the management and the police. The man was charged under IPC Section 354A for sexual harassment. The court found him guilty and sentenced him to imprisonment and a fine. This case highlighted the legal protections available to women against sexual harassment and the consequences of engaging in such behaviour.
In another instance, a woman was shown explicit pornographic material by a neighbour against her will. She reported the incident, and the neighbour was charged under IPC Section 354A for showing pornography. This case demonstrated how the law addresses various forms of sexual harassment and provides recourse for victims.
