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Section 354A - Sexual Harassment


1. 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 favors; or
--showing pornography against the will of a woman; or
--making sexually colored remarks, shall be guilty of the offense of sexual harassment.
2. Any man who commits the offense 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 offense 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.

Criminal Law (Amendment) Act, 2013

Classification u/schedule 1 CrPC

Offence
--Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favors or showing pornography
--Sexual harassment of the nature of making sexually colored remark

Punishment
--Up to 3 years or Fine or Both
--Up to 1 year or Fine or Both

Earlier, before the Criminal Law Amendment in 2013 section 354 dealt only with assault or use of criminal force on a woman with an intent to outrage her modesty. So, it was an act more than mere physical contact under this provision, whereas a mere physical contact with advances would attract the punishment under the Section 354A IPC.


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