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Sexual Harassment

PathLegal receives many questions about Sexual Harassment & related law. We have prepared this article for public to understand the crime SEXUAL HARASSMENT and related laws. This document is prepared in a generic aspect for a basic understanding about the law against sexual harassment in India. The facts mentioned here may vary from case to case and time to time. Please visit a competent lawyer to get the right information.

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Sexual Harassment ? As per Indian Laws Sexual harassment can be defined as acts such as unwelcome sexual gesture or behavior whether directly or indirectly , sexually colored remarks, physical contact and advances showing pornography ,a demand or request for sexual favours, any other unwelcome physical, verbal/non-verbal conduct being sexual in nature and Passing sexually offensive and unacceptable remarks. The critical factor is the unwelcomness of the behavior, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator.

Sexual harassment Law Laws and Acts under Indian Penal Code (IPC)
  • Section 209: Obscene acts and songs, to the annoyance of others like:
    a) does any obscene act in any public place or
    b) sings, recites or utters any obscene song, ballad or words in or near any public place.
    Punishment: Imprisonment for a term up to 3 months or fine, or both. (Cognisable, bailable and triable offense)
  • Section 376: Rape
    Punishment: Imprisonment for life or 10 years and fine
  • Section 509: Uttering any word or making any gesture intended to insult the modesty of a woman
    Punishment: Imprisonment for 1 year, or fine, or both. (Cognisable and bailable offense)

The Indecent Representation of Women (Prohibition) Act (1987)
Although it is not known to have been used in cases of sexual harassment, the provisions of this act have the potential to be used in two ways:
  • If an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc. containing 'indecent representation of women'; they are liable for a minimum sentence of two years
  • A 'hostile working environment' type of argument can be made under this act. Section 7 (Offences by Companies) holds companies where there has been 'indecent representation of women' (such as the display of pornography) on the premises guilty of offenses under this act.
    Punishment: Minimum sentence of two years

Sexual harassment Victims It's been noticed that many sexual harassment victims are unlikely to report to the police or the legal authority because of the unawareness, public humiliation, rigidness of the law, etc. However the fact is that presently, Indian law is in favour to the victims and encourages them to take the next steps legally to wipe out this crime in the future.

Assaulter and Social Status Assaulters will be punished accordingly by the law and wouldn't have any social status thereafter. They would be rejected by the society

Sexual Harassment related Questions and Answers

Is Live-in relationship word is sexual in nature. ANY 24 Feb 2020
Respected Sir, I am working in a PSU and came in close contact with one unmarried girl in year-2013 (She is a colleague of mine). However nothing sexual...
both things are legal in india if girl agrees with you

Sexual harassment but lower gravity Criminal 28 Jan 2020
What is the maximum punishment in sexual harassment cases according to ccs rules?
Stop being lawyer contact lawyer in person .

Form and Document Required to Fill Annual Return for Prevention of Sex Human Rights 17 Jan 2020
I am from Kolkata. What are the Documents & Forms Required to Fill Annual Return for Prevention of Sexual Harassment We have NIL Cases in Year 2019...
1) There is no such requirement at all. 2) Who has told you that an annual return has to be filed for such purpose. 3) Please do click upon the like...

Sexual offence case of CKSL, FPMT Bangalore Center, and counter allega ANY 6 Nov 2019
I visited a Tibetan Buddhist Spiritual Center, Choe Khor Sum Ling (CKSL) [], also known as the FPMT Bangalore Center [], from December...
sir this is religious matter instead of discuss here go to the honorable supreme court lawyer in person.

Sexual harassment against women Family 31 Oct 2019
Suppose a girl engagement has broken once. Afterwards, if the girl has said NO to me related to marriage then commenting on her engagement may be intruding...
no it is not . from any of these angle it is not .

Sexual harassment- woman wants to quit the job Labor 4 Oct 2019
I have had 2 sexual harassment incidents at my current company, the first time was on a business trip, I was promised action would be taken but the person...
You can go into nearest police station and lodge FIR against him. This is help you. And if you want to quite job it is your choice but as per rule of...

Case of sexual harassment Criminal 28 Sep 2019
One of my close friend who is divorcee and she is having one child of aged12 yeras with her ex. I helped her a lot in her bad situations and 2 to 3 ...
go for anticipatory bail. thumb on like gift to lawyer

Sexual harassment definition and sections in IPC ANY 1 Sep 2019
What is sexual harassment? what is IPC sections for each, and punishment?
Go to court cunsult criminal lawyer in person .we can not give details here as this is public plat from .

Need advice regarding sexual activity Criminal 29 Aug 2019
I am 18 years old now and it is coming in my mind that when i was a minor (6-7 years old) i was playing with a girl one year elder than me and during the...
that comes under consent sexual intercourse not amounting to rape. Thumb on like gift

Sexual harassment ,discrimination , equal remuneration and opportunity Labor 4 Jul 2019
Sir I just want to know if female employee is working in pvt company and inspite of doing best in workplace and even getting appreciation from seniors...
from the facts, no sexual harassment smelled, However, for gender discrimination you can approach the concerned High Court by way of filing a writ petition...

Sexual harassment complaint Criminal 5 May 2019
If office ICC declares somebody guilty of Sexual Harassment but he/she resigned - 1) what action new company can take if they get to know about this 2)...
no, that doesnt effect criminal .. Click like gift

Future Job query Sexual Harassment Criminal 5 May 2019
If someone is charged with sexual harassment but he/she resigned ,Will his/her new company take any action if they get to know about this
if they have ask u about u have any criminal case record then u hv tell truth.. Nothing happen .. Click like gift

Sexual Harassment case and Non payment of dues Labor 1 May 2019
I have filed sexual harassment case against my Manager and they have not cleared my 10 days due salary and experience letter. They hav constituted ICC...
dear both have no connection . yes you need to go for the investigation and submit the evidence for the same in person .madam when file the case then...

Sextual harassment at work place. Human Rights 20 Apr 2019
I was an employee of an NGO in New Delhi where I faced sextual harassment I have resigned and have filed a complain to Internal Complaints Committee. My...
Dear client no fear about that issue, Law secure your integrity, employer could not order to take any action against applicant should be initiate...

Pollachi issue which includes the sexual harassment of locals girls Criminal 14 Mar 2019
What is the right decision to make or to be made in the pollachi issue about the girls sexual harassment that is going to be held in the court? What are...
u should file complaint against them immediately.

Termination with Fabricated sexual harassment Labor 24 Dec 2018
Hi sir I'm ramesh r recently I'm terminated from mnc company in sexual harassment. It's fake n fabricated. My lady manager create this. At the time of...
call me on 9346950711

Retrenchment by an employer on the ground of committing sexual harassm Labor 28 Nov 2018
Sexual harassment at workplace by an employee(member of trade union). Can employer retrench the male employee(member of trade union) on the ground that...
dear go to the labour court and file case there then go to the police and file the FIR .

physical and sexual harassment Family 30 Oct 2018
physical harassment----can a wife give punishment if her husband used to harass her physically or sexually
no person is allowed to take in his or her hand you are not allowed to do so this is illegal but you have all the rights to be protected from the law and...

false sexual harassment complaint Criminal 26 Oct 2018
complainant produced false witness ina sexual harassment complaint in which the respondent was acquitted. internal complaints committee took 11 months...
You will require to produce findings of ICC. if the malicious intent has been recognized, you may demand imposing punishment on her according to the rules...

False complaint of sexual harassment Criminal 24 Oct 2018
Within how many days of acquittal in false sexual harassment complaint a criminal defamation suit can be filed against the complainant and employer (because...
Dear client, It is the duty and responsiblity of the employer to refer any complaint of sexual harassment to the internal complaints committee , the complainant...

NOTE:- These articles are created only for a basic awareness of the LAWS related to child sexual abuse. To express the legal points it would be necessary to define the below terminologies.
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