Section 354A IPC: Sexual Harassment and Punishments Under IPC 354A

What is Section 354A IPC Bare Act?

Section 354A IPC Bare Act is the exact text of the Section 354A of the Indian Penal Code (IPC 354A), passed by the Indian Legislature or Parliament. Thus, it is a replica of the original Section 354A of the Indian Penal Code available to the people of India by the Indian legislature or Parliament.

Section 354A IPC Bare Act (As Per the Indian Legislature or Parliament)

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

(1) A man committing any of the following acts—

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(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.

Definition of Section 354A IPC

Section 354A of the Indian Penal Code (IPC 354A) defines the offence of sexual harassment and outlines the punishment for the same. This section was introduced in the year 2013, as an amendment to the IPC, to protect women from sexual harassment in public and private places. It aims to create a safe and secure environment for women in workplaces, educational institutions, and other areas.

According to Section IPC 354A, sexual harassment includes any unwelcome physical contact, making sexually coloured remarks, showing pornography, making sexual advances or requests, and any other form of unwelcome sexual conduct. The conduct can be verbal, non-verbal, or physical in nature. The section also provides for punishment for repeated offenders and the creation of a committee to deal with complaints of sexual harassment.

The punishment for sexual harassment under this section 354A IPC can range from imprisonment for a term of up to three years and/or a fine. The punishment is more stringent in cases where the offender is in a position of power, such as an employer or a person in authority, or if the victim is a minor or a person with disabilities.

Overall, Section 354A IPC aims to provide protection to women from sexual harassment in public and private places and to ensure that offenders are punished appropriately.

Essential Elements of Section IPC 354A

Unwelcome sexual conduct: The conduct must be of a sexual nature and unwelcome by the victim. It can include physical contact, advances, requests, and other forms of sexual behaviour.

Intention to harass: The offender must have the intention to sexually harass the victim or to create an intimidating, hostile, or offensive environment for the victim.

Offence in public or private space: The sexual harassment must occur in a public or private place.

Victim’s gender: The victim must be a woman.

Presence of witnesses: The conduct must have been witnessed by others or reported to the appropriate authorities.

Repeated offenders: The section also provides for punishment for repeated offenders.

These are the essential elements that must be present for an offence to be considered under Section 354A IPC.

Examples of Cases Under Section 354A IPC

Here are some examples of cases that fall under Section 354A IPC:

In the case of Vishaka v. State of Rajasthan, the accused was convicted under Section 354A IPC for making sexually explicit remarks to a woman at her workplace.
In the case of Priyanka Sahoo v. State of Orissa, the accused was convicted under Section 354A IPC for making lewd comments and gestures towards a woman on a bus.
In the case of State of Rajasthan v. Shalu, the accused was convicted under IPC Section 354A for sexually harassing a woman by repeatedly making unwanted advances towards her.
In the case of State of Maharashtra v. Nishant Dhumal, the accused was convicted under IPC Section 354A for stalking a woman and making sexually explicit remarks to her.
In the case of Prashant Bharti v. State of NCT of Delhi, the accused was convicted under IPC Section 354A for stalking and making sexually explicit remarks to a woman.
In the case of State of Haryana v. Raja Ram, the accused was convicted under IPC Section 354A for making sexually explicit comments to a woman.
In the case of State of Punjab v. Gurcharan Singh, the accused was convicted under Section IPC 354A for making sexually suggestive gestures towards a woman.

These are just a few examples of cases that fall under Section 354A of the IPC. It is important to note that each case is unique and must be evaluated based on its specific circumstances.

Section 354A IPC Punishment ?

The punishment for the offense under Section 354A of the Indian Penal Code (IPC 354A) is imprisonment for a term which can extend up to three years, or with fine, or both. If the offense is making sexually coloured remarks (clause (iv) of sub–section (1)), the punishment can be imprisonment of either description for a term which may extend to one year, or with fine, or with both. It is important to note that the punishment may vary based on the specific circumstances of each case.

Is IPC 354A Bailable or Not?

The offense under Section 354A of the Indian Penal Code (IPC 354A) is a bailable offense. However, the grant of bail is subject to the discretion of the court, which considers various factors such as the nature of the offense, the gravity of the offense, the likelihood of the accused absconding or tampering with evidence, and the overall facts and circumstances of the case.

Section 354A IPC Compoundable or Not?

The offense under Section 354A of the Indian Penal Code (IPC 354A) is non-compoundable, which means that the victim cannot enter into a compromise with the accused and withdraw the case against him/her. This is because such offenses are considered to be against the society as a whole and not just against the victim. Therefore, the state takes up the prosecution of the accused, and the victim is considered to be a witness in the case.

Section 354A IPC Cognizable or Not?

The offense under Section 354A of the Indian Penal Code (IPC 354A) is a cognizable offense. This means that the police have the authority to arrest the accused without a warrant if they have reason to believe that the offense has been committed. Additionally, the police may initiate an investigation into the offense and file a charge sheet before the court.

Section 354A IPC Judgments / Rulings

IN THE SUPREME COURT OF INDIA :

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About Author: I am Varun Kr. Jha, founder and author of this website. I am a passionate writer and researcher with a keen interest in law, technologies and gadgets. I strive to provide informative and engaging content that helps my readers learn and grow. I am always looking for new ways to share my knowledge and insights with others.