IPC 354A → BNS 75: Sexual Harassment

Quick Summary: IPC 354A vs BNS 75

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 354A deals with sexual harassment, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers sexual harassment as BNS 75 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 354A cover?

IPC 354A dealt with sexual harassment — sexual harassment and punishment for sexual harassment. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 75: What changed in the new law?

Includes physical contact, demands for favors, pornography. From 1 July 2024, new complaints relating to sexual harassment are filed under BNS Section 75, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 75

Same - Up to 3 years

Practical implications for advocates, police & citizens

• Advocates: For sexual harassment, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 354A carefully to BNS 75.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new sexual harassment FIR is filed under BNS 75.
• Law students & citizens: Punishment for sexual harassment rises sharply with the seriousness of the harm and the victim — the IPC 354A to BNS 75 change does not lower it.