Sexual harassment
Section 75 of the Bharatiya Nyaya Sanhita, 2023 deals with sexual harassment. A man committing any of the following acts:--- (i) physical contact and advances involving unwelcome and explicit sexual overtures; The Act came into force on 01 Jul 2024.
(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.
Section 75, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Sexual harassment and punishment for sexual harassment specified in clause (i) or clause (ii) or clause (iii) of sub-section (1). | Rigorous imprisonment with 3 years, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. |
| Sexual harassment and punishment for sexual harassment specified in clause (iv) of sub-section (1). | Imprisonment for 1 year, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ashish S/o Ramesh Chitmulwar vs State of Maharashtra
Court's Decision & Legal Precedent
If a complaint does not make out a prima facie case under the SC/ST Act, the statutory bar against anticipatory bail under Section 18 is not applicable, even if the victim belongs to a protected community.
On this section: Relates to sexual harassment and stalking; found to be primarily bailable or carrying low punishment.
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Mathur Sathya vs The State Rep.by
Court's Decision & Legal Precedent
Bail may be granted when the primary physical evidence (electronic devices) is secured by the state and the investigation has reached a stage where the accused's custody is no longer required for evidence collection.
On this section: Offences relating to sexual harassment and voyeurism.
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NIDHI ABRAHAM vs MANOJ ISSAC AND OTHERS
Court's Decision & Legal Precedent
The Magistrate possesses the power to monitor and direct the timely completion of a police investigation where the informant demonstrates a grievance regarding delay or improper conduct.
On this section: Offences relating to outraging modesty and sexual harassment.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 75
What have the courts held on Section 75 of the Bharatiya Nyaya Sanhita?
Ashish S/o Ramesh Chitmulwar vs State of Maharashtra (20 Feb 2025) is the leading judgment on this section among those set out below: Relates to sexual harassment and stalking; found to be primarily bailable or carrying low punishment. Another 2 judgments on this section are set out below. They run from 2025 to 2026.
Is Section 75 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 75 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 75 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 75, section 75 BNS, section 75 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 75(2) in hindi and bns 75 and 76. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Ashish S/o Ramesh Chitmulwar vs State of Maharashtra (20 Feb 2025).
What should I read with Section 75 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 75 of the Bharatiya Nyaya Sanhita come into force?
Section 75 of the Bharatiya Nyaya Sanhita, cited as BNS 75, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.