IPC Section 354A — Sexual harassment

What does this section state?

This section defines and punishes sexual harassment, covering a broader range of conduct than Section 354. It includes unwelcome physical contact and explicit sexual advances, a demand or request for sexual favours, showing pornography against a woman's will, and making sexually coloured remarks. Unlike Section 354, physical force is not required — the section explicitly captures verbal harassment and other non-contact conduct.

The section carries a graded punishment: the more serious categories (physical advances, demands for favours, showing pornography) attract up to three years' imprisonment, while making sexually coloured remarks alone is punished less severely, with imprisonment of up to one year. This offence is frequently invoked in workplace harassment complaints, alongside internal proceedings under the POSH Act (Prevention of Sexual Harassment at Workplace).

This distinction in punishment reflects the varying severity Parliament assigned to different forms of sexual harassment within a single section.

Frequently Asked Questions

Is IPC Section 354A bailable?

This is a bailable offence, meaning bail can generally be granted as a matter of right by the police or the court.

What is the punishment under this section?

Imprisonment up to 3 years, or fine, or both (up to 1 year for sexually coloured remarks). Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

What specific acts are covered under this section?

Four categories: unwelcome physical contact and sexual advances, a demand or request for sexual favours, showing pornography against a woman’s will, and making sexually coloured remarks — each carrying differing severity of punishment.

Can this section be used for workplace sexual harassment complaints?

Yes, it is commonly invoked in workplace situations, often running alongside (not instead of) the internal complaints process required under the POSH Act, 2013, which employers must separately maintain.

How is this different from Section 354?

Section 354 requires assault or criminal force against a woman. Section 354A is broader, explicitly covering verbal harassment, remarks, and non-contact conduct like showing pornography, which don’t require any physical contact to attract punishment.