Sexual harassment in law.

Section 354 of Indian Penal Code : Assault or criminal force to woman with intent to outrage her modesty: Whoever assaults or uses criminal force to any woman intending to outrage or knowing it to be likely that he will outrage her modesty shall be punished with imprisonment for a term which shall not be less than one year but may extend to five years and shall be liable with fine.

Section 354-A of Indian Penal Code : Sexual harassment and punishment for sexual harassment:  A man committing any of the following acts.

1. Physical contact and advances involving unwelcome and explicit sexual overtures.
2. A demand or request of sexual favours.
3. Showing pornography against the will of a woman.
4. Making sexually coloured remarks.

Shall be guilty of offence of sexual harassment.

Any man who commit offence under (1,2,3) shall be punished with rigorous imprisonment for a term which may extend to three years or with fine or with both.

Any man who commit offence under (4 )shall be punished with imprisonment which may extend to one year or with fine or both.

Section 354 – B of Indian Penal Code : Any man who assaults oruses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked shall be punished with imprisonment for a term which shall not be less than three years and can extend to seven years and shall also be liable for fine.

Section 354 -C : Voyeurism : Any man who watches or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behalf of perpetrator or disseminate such image shall be punishable on first conviction with imprisonment for a term which shall not be less than one year but may extend to three years and shall also be liable for fine and on second conviction imprisonment of term not less than three years extend to seven years and also liable for fine.

Section 354 -D of Indian Penal Code: Stalking: Any man who

• Follows a woman and contacts or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest of such woman.

Monitors the use by a woman of the internet, email or any other forms of electronic communication.

Commits the offence of Stalking

On first conviction shall be punished with imprisonment for a term which may extend to three years and liable for fine . On second conviction punished with imprisonment for a term which may extend to five years and also liable for fine.

 

Acts which are not Stalking.

1. It was pursued for the purpose of preventing or detecting crime and the man accused of Stalking has been entrusted with the prevention and detection of crime by state.
2. It was pursued under any law .
3. In the particular circumstances such conduct was reasonable and justified.

Sexual harassment of child.

• Forcibly pulling up pants.
• Pulling down pants.
• Flipping up skirts.
• Forcing kisses.
• Touching a peers genitals.
• Calling other sexual offensive names.
• Passing sexually explicit notes.
• Making gender demeaning comments.
• Commenting on genitals.
• Exposing genitals.
• Showing any object / body part .
• Threaten a child to create sexual images.

Are all acts of sexual harassment of child.

Punishable with imprisonment up to three years along with fine.

For more info on the subject, please dial 7888-356908.