BACK TO SECTIONS(1997) 6 SCC 241
IPC 1860REPEALED
Section 354A
Sexual harassment and punishment for sexual harassment
Replaced by: BNS 75
BailableCognizable: Cognizable (i-iii) / Non-Cognizable (iv)Any Magistrate
THE STATUTE
Original Text
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.
Simplified
Section 354A was introduced in 2013 to codify sexual harassment as a standalone criminal offence. Unlike Section 354 (requiring force), 354A covers non-physical conduct: verbal remarks, showing pornography against will, and sexual favour demands. Four sub-sections: (i)–(iii) carry up to 3 years; (iv) sexually coloured remarks only — up to 1 year. Gender-specific — only applicable to male perpetrators. The POSH Act (civil/administrative) and Section 354A (criminal) operate in parallel — a woman can simultaneously file a POSH complaint AND a 354A FIR.
Legal Evolution
Vishaka v. State of Rajasthan (1997) — the Supreme Court's landmark guidelines on workplace sexual harassment, directly influencing Section 354A's creation.
Landmark Precedents
Vishaka v. State of Rajasthan (1997)
RELEVANCE
The foundational case that led to Section 354A's creation — Vishaka Guidelines on workplace sexual harassment were directly codified into criminal law in 2013.
Practical Scenarios
"Making suggestive remarks about a coworker's body — Section 354A(iv)."
"Demanding sexual favours in exchange for promotion — Section 354A(ii)."
"Showing sexually explicit content to a woman against her will — Section 354A(iii)."
Common Queries
Yes — all sub-sections of 354A are bailable.
Yes — POSH is civil/administrative law; Section 354A is criminal law. Both can apply simultaneously.