Introduction
Sexual harassment occupies a crucial space between everyday misconduct and serious sexual offences. It addresses unwelcome behaviour that violates dignity, creates fear, and undermines equality, particularly in workplaces and public spaces. Section 354A of the Indian Penal Code, 1860, was introduced in 2013 to criminalise specific acts of sexual harassment. With the Bharatiya Nyaya Sanhita, 2023, Section 70 replaces this provision. While the substance of the offence remains the same, the new law refines language and strengthens alignment with constitutional values and gender justice.
What conduct did Section 354A IPC criminalise?
Section 354A IPC defined sexual harassment through specific acts. These included physical contact and advances involving unwelcome sexual overtures, demands or requests for sexual favours, showing pornography against a woman’s will, and making sexually coloured remarks. The provision recognised that sexual harassment often occurs without physical violence yet causes deep psychological harm.
The law prescribed varying punishments depending on the nature of the act. Serious forms such as physical contact or demands for sexual favours attracted imprisonment, while verbal or non-physical acts invited lighter penalties. This distinction ensured proportional punishment while acknowledging the seriousness of each form of harassment.
How does Section 70 BNS reframe sexual harassment?
Section 70 of the Bharatiya Nyaya Sanhita substantially carries forward the acts listed under Section 354A IPC. The definition of sexual harassment remains intact, and the provision continues to criminalise both physical and non-physical forms of unwelcome sexual conduct. The BNS uses clearer and more modern drafting, making the provision easier to read and apply.
By avoiding complex phrasing, Section 70 improves legal clarity for victims, police officers, and courts. This change reduces interpretative disputes without altering the scope of protection available to women.
Has the punishment structure changed under BNS?
The punishment framework under Section 70 BNS mirrors that of Section 354A IPC. Acts involving physical contact or demands for sexual favours continue to attract imprisonment and fine. Other forms, such as sexually coloured remarks, invite lighter punishment. Courts retain discretion to impose sentences based on the seriousness of the conduct and surrounding circumstances.
This continuity reflects the legislature’s intent to maintain strong deterrence against sexual harassment while ensuring proportionality in punishment.
How does intent matter in sexual harassment cases?
Intent plays a central role under both provisions. The prosecution must establish that the conduct was unwelcome and carried a sexual element. Courts assess intent through the nature of the act, the behaviour of the accused, and the context in which the incident occurred.
Judicial interpretation has consistently emphasised that the woman’s perception of unwelcome conduct matters significantly. The BNS preserves this survivor-centric approach, reinforcing that consent and dignity remain at the heart of sexual offence law.
Does Section 70 BNS strengthen workplace and public safety?
Section 70 operates alongside civil remedies under workplace harassment laws and internal complaints mechanisms. While the BNS does not replace these frameworks, it strengthens criminal accountability for serious misconduct. The clarity introduced by Section 70 ensures smoother coordination between criminal proceedings and institutional redressal systems.
By criminalising both physical and verbal harassment, the law sends a strong message that public spaces and workplaces must remain safe and respectful.
Conclusion
Section 70 BNS replaces Section 354A IPC without weakening protections against sexual harassment. The acts criminalised, the emphasis on unwelcome conduct, and the punishment structure remain consistent. What changes is clarity. By modernising language and reinforcing survivor-centric interpretation, the Bharatiya Nyaya Sanhita strengthens the legal response to sexual harassment while upholding constitutional values of dignity, equality, and safety.
