Sections 354A–354D IPC vs Sections 75–78 BNS — Sexual Harassment, Voyeurism, Stalking

In India, sexual harassment, assault with intent to disrobe, voyeurism and stalking are now punished under Sections 75–78 of the Bharatiya Nyaya Sanhita, 2023 (BNS), replacing IPC Sections 354A–354D from 1 July 2024. Punishments are unchanged. Sections 76–77 now begin "Whoever", and the BNSS makes Sections 75–77 Sessions-triable and Section 75 non-bailable.

At a glance

Old section	New section	Offence in one line	Punishment	Cognizable / bailable / triable by (CrPC → BNSS)	Change type
IPC s.354A	BNS s.75	Sexual harassment by a man: unwelcome physical contact and explicit sexual overtures; demand for sexual favours; showing pornography against a woman's will; sexually coloured remarks	Clauses (i)–(iii): rigorous imprisonment up to 3 years, or fine, or both. Clause (iv): imprisonment up to 1 year, or fine, or both	Cognizable throughout. Bailable, any Magistrate → non-bailable, Court of Session	Modified (procedure)
IPC s.354B	BNS s.76	Assault or criminal force on a woman, or abetting it, intending to disrobe her or compel her to be naked	Not less than 3 years, up to 7 years, and liable to fine	Cognizable; non-bailable. Any Magistrate → Court of Session	Modified ("Whoever"; forum)
IPC s.354C	BNS s.77	Watching, capturing or disseminating the image of a woman engaged in a private act	First conviction: 1–3 years and liable to fine. Second or subsequent: 3–7 years and liable to fine	Cognizable. First: bailable; second: non-bailable. Any Magistrate → Court of Session	Modified ("Whoever"; forum)
IPC s.354D	BNS s.78	Stalking by a man: repeatedly following and contacting a woman despite clear disinterest, or monitoring her internet or electronic use	First conviction: up to 3 years and liable to fine. Second or subsequent: up to 5 years and liable to fine	Cognizable. First: bailable; second: non-bailable. Any Magistrate (unchanged)	Minor edit

What changed

Modified — offender in s.76 and s.77. IPC s.354B and s.354C opened "Any man who". BNS s.76 and s.77 open "Whoever". The IPC's gender clause (s.8) used "he" of any person "whether male or female". BNS s.2(10) uses it of any person "whether male, female or transgender". The victim is still "any woman" (s.76) and "a woman" (s.77).
Identical — offender in s.75 and s.78. "A man committing any of the following acts" (s.75(1)), "Any man who" (s.75(2)–(3), s.78(1)). "Man" means "male human being of any age" (BNS s.2(19); IPC s.10 used the same words).
Modified — classification (BNSS First Schedule). s.75(2) and (3): bailable → non-bailable, and any Magistrate → Court of Session. s.76: any Magistrate → Court of Session. s.77, first and subsequent conviction: any Magistrate → Court of Session, with bail status unchanged. s.78: unchanged.
Identical — all punishments. Every term, minimum and fine clause carries over word for word.
Minor edit — s.75 heading and punctuation. "Sexual harassment and punishment for sexual harassment" becomes "Sexual harassment", and "the following acts—" becomes "the following acts:—".
Minor edit — s.77 Explanation 1. "For the purpose of this section" becomes "For the purposes of this section". Explanation 2 (consent to capture but not to dissemination) is identical.
Minor edit — s.78. "internet, email" becomes "internet, e-mail". The three-limb proviso is identical.
Minor edit — placement. All four sit in BNS Chapter V under "Of criminal force and assault against woman", with ss.74 and 79.

Statutory text (relevant extract)

Extract — Section 76, BNS (IPC s.354B read "Any man who" in place of "Whoever"):

Whoever assaults or uses 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 of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

Extract — Section 77, BNS, opening words and Explanation 2 (IPC s.354C read "Any man who"):

Whoever 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 behest of the perpetrator or disseminates such image shall be punished… Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.

Extract — Section 78(1), BNS, opening words: "Any man who— (i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or (ii) monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking".

How it works — the ingredients

Sexual harassment (s.75). The offender must be a man (s.75(1); s.2(19)), and he must commit one of four acts:

(i) "physical contact and advances involving unwelcome and explicit sexual overtures";
(ii) "a demand or request for sexual favours";
(iii) "showing pornography against the will of a woman";
(iv) "making sexually coloured remarks".

Clauses (i)–(iii) are punished under s.75(2), with rigorous imprisonment up to three years, or fine, or both. Clause (iv) is punished under s.75(3), with imprisonment of either description up to one year, or fine, or both. Only clause (iii) names the victim as a woman; clauses (i), (ii) and (iv) do not name the victim.

Assault with intent to disrobe (s.76). (1) An assault or criminal force on a woman, or abetting it; (2) with "the intention of disrobing or compelling her to be naked". Any person can be the offender.

Voyeurism (s.77). (1) Watching or capturing the image of a woman "engaging in a private act"; (2) in circumstances where she would usually expect not to be observed; or (3) disseminating such an image. Explanation 1 lists what "private act" includes: watching in a place that would reasonably be expected to provide privacy where the victim's "genitals, posterior or breasts are exposed or covered only in underwear"; using a lavatory; or "doing a sexual act that is not of a kind ordinarily done in public". Under Explanation 2, consent to capture is not consent to dissemination.

Stalking (s.78). A man who (i) follows a woman and contacts or attempts to contact her "to foster personal interaction repeatedly despite a clear indication of disinterest", or (ii) monitors her use of "the internet, e-mail or any other form of electronic communication". Under the proviso, the conduct is not stalking if the man proves that it was pursued (i) to prevent or detect crime, having been "entrusted with the responsibility of prevention and detection of crime by the State"; (ii) "under any law or to comply with any condition or requirement imposed by any person under any law"; or (iii) that it was "reasonable and justified" in the circumstances. The words "proves that" place the burden of the proviso on the accused.

Worked example from the Act's own text (s.77, Explanation 2). A woman agrees to a private image being taken but not shared. If the image is later sent to third persons, the sending is voyeurism under s.77, even though the capture was consented to. After 1 July 2024 this applies whoever does the sending, because s.77 opens "Whoever". Section 66E of the Information Technology Act, 2000 separately punishes whoever intentionally or knowingly "captures, publishes or transmits the image of a private area of any person without his or her consent", in circumstances violating that person's privacy (up to three years, or fine up to two lakh rupees, or both).

What this means in practice

For the woman reporting. For all four offences, her information must be recorded by a woman police officer or any woman officer (BNSS s.173(1), first proviso). Where she is disabled, it is recorded at her residence or a place of her choice and videographed (second proviso). Her statement to police is recorded by a woman officer (s.180(3), second proviso). A Magistrate records her statement as soon as the offence is brought to police notice, by a woman Magistrate as far as practicable (s.183(6)(a)). CrPC s.164(5A)(a) had the same recording rule for ss.354A–354D but no woman-Magistrate proviso.
For police and prosecutors. All four are cognizable. For offences from 1 July 2024, ss.75–77 cases go to the Court of Session. For voyeurism, the charge sheet must actually allege a "private act" within Explanation 1 (Tuhin Kumar Biswas, para 20). No sanction is needed where the accused is a public servant (BNSS s.218(1), third proviso).
For the accused. Bail on a s.75 charge is now discretionary (non-bailable), where s.354A was bailable. Voyeurism (first conviction) and stalking (first conviction) remain bailable. None of the four can be compounded (BNSS s.359(9)). Aparna Bhat bars bail conditions requiring or permitting contact with the complainant (para 44(a)).
For advocates. A s.354A matter pending before 1 July 2024 stays bailable and Magistrate-triable under the CrPC (BNSS s.531(2)(a)). A s.75 offence after that date is non-bailable and Sessions-triable. On a reading of the text, an offence committed before 1 July 2024 but first registered afterwards raises a separate transition question, dealt with in the guide linked below.

Judgments that still matter

BNS ss.75–78 repeat IPC ss.354A–354D, apart from "Whoever" in ss.76–77 and minor edits. On a reading of the text, judgments construing the shared words, such as "private act" and "sexual harassment", remain relevant. No Supreme Court judgment construing the "Whoever" wording, or applying BNS ss.75–78, was read for this page.

Aparna Bhat v. State of Madhya Pradesh, [2021] 4 S.C.R. 479 (2021 INSC 192), decided 18 March 2021. The FIR was under ss.452, 354A, 323 and 506 IPC. The accused had allegedly entered the complainant's house at night, caught her hand and attempted to harass her sexually (para 3). While granting pre-arrest bail, the High Court required him to visit her with a rakhi and ask her to tie it on him. S. Ravindra Bhat J., for a bench with A.M. Khanwilkar J., set that condition aside (para 51). The Court held that such a condition "has the effect of diluting and eroding the offence of sexual harassment" (para 33). It gave binding directions for bail orders in sexual offences (para 44). Bail conditions must not "mandate, require or permit contact between the accused and the victim". The complainant must be told of the bail order and given a copy within two days. Orders must avoid stereotypes. Courts must not suggest compromise or mediation. Why it matters now: the directions govern bail hearings, not a section number, so they apply to s.75 bail, now a discretionary matter.

Tuhin Kumar Biswas @ Bumba v. State of West Bengal, [2025] 12 S.C.R. 258 (2025 INSC 1373), decided 2 December 2025. A complainant alleged that during a property dispute the accused intimidated her and photographed and filmed her. A charge sheet followed under ss.341, 354C and 506 IPC. Manmohan J., for a bench with Nongmeikapam Kotiswar Singh J., restated the s.354C definition and Explanation 1 (para 19). The Court found no allegation in the FIR or charge sheet that she was watched or captured while engaging in a private act, so no s.354C offence was disclosed (paras 20–21). At the discharge stage "a strong suspicion suffices" but must rest on material that can become evidence (para 17). Police and courts should act as filters where a civil dispute is pending (para 28). The Court discharged the accused (para 30). The judgment is dated after 1 July 2024 but applies IPC s.354C, not the BNS. Why it matters now: BNS s.77 and Explanation 1 use the same words, so on this reasoning photographing a woman without a "private act" falls outside s.77.

Which law applies to your case

BNS s.358(2) provides that the repeal of the IPC does not affect any penalty or punishment incurred under it. Proceedings may be "instituted, continued or enforced" as if the IPC "had not been repealed". On a reading of that text, an offence committed before 1 July 2024 is charged under IPC ss.354A–354D, and one on or after that date under BNS ss.75–78. IPC ss.354B–354C applied only to "any man" as offender. Article 20(1) of the Constitution bars conviction "except for violation of a law in force at the time", so on a reading of the text, BNS ss.76–77 cannot reach a woman's conduct before 1 July 2024. BNSS s.531(2)(a) keeps any trial, inquiry or investigation pending immediately before 1 July 2024 under the CrPC. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What are the BNS equivalents of IPC 354A, 354B, 354C and 354D? Section 75 BNS replaces Section 354A IPC (sexual harassment), Section 76 replaces Section 354B (assault or criminal force with intent to disrobe), Section 77 replaces Section 354C (voyeurism) and Section 78 replaces Section 354D (stalking), for offences on or after 1 July 2024. The punishments are the same. All four now sit in Chapter V of the BNS, Of offences against woman and child.

Can a woman be prosecuted for voyeurism or disrobing under the BNS? On the text, yes. BNS Sections 76 and 77 begin Whoever, where IPC Sections 354B and 354C began Any man who, and BNS Section 2(10) says the pronoun he is used of any person, whether male, female or transgender. The victim must still be a woman. Sections 75 and 78 still name the offender as a man, and BNS Section 2(19) defines man as a male human being of any age.

Is sexual harassment under Section 75 BNS bailable? No. The BNSS First Schedule lists both Section 75(2) and Section 75(3) as cognizable, non-bailable and triable by the Court of Session. Under the CrPC First Schedule, Section 354A IPC was cognizable, bailable and triable by any Magistrate. The punishment is unchanged: up to three years' rigorous imprisonment, or fine, or both, for clauses (i) to (iii), and up to one year, or fine, or both, for sexually coloured remarks.

What is a private act for voyeurism under Section 77 BNS? Explanation 1 to Section 77 BNS says a private act includes watching in a place that would reasonably be expected to provide privacy where the victim's genitals, posterior or breasts are exposed or covered only in underwear, the victim is using a lavatory, or the victim is doing a sexual act not ordinarily done in public. In Tuhin Kumar Biswas v. State of West Bengal (2025 INSC 1373, para 20) the Supreme Court held that no Section 354C IPC offence was disclosed because the FIR and charge sheet did not allege a private act.

Is sharing a consensually taken image an offence under Section 77 BNS? It can be. Explanation 2 to Section 77 BNS provides that where the victim consents to the capture of images but not to their dissemination to third persons, dissemination is an offence under the section. The same Explanation was in Section 354C IPC. Section 66E of the Information Technology Act, 2000 separately punishes intentionally or knowingly capturing, publishing or transmitting an image of a private area of any person without consent, in circumstances violating privacy.

What defences are available to a stalking charge under Section 78 BNS? The proviso to Section 78(1) BNS says the conduct is not stalking if the man who pursued it proves that it was pursued to prevent or detect crime by a person entrusted with that responsibility by the State, or under any law or to comply with a legal requirement, or that it was reasonable and justified in the particular circumstances. The burden of proving the proviso is on the accused. The same proviso was in Section 354D IPC.

Can these offences be settled by compromise? No. Sections 75 to 78 BNS are not listed in the compounding table of Section 359 BNSS, and Section 359(9) bars compounding any offence not provided for there. Sections 354A to 354D IPC were likewise absent from the Section 320 CrPC table. In Aparna Bhat (2021 INSC 192, para 44(e)) the Supreme Court also directed courts not to suggest or mandate compromise or mediation between the accused and the survivor.

Which law applies to an offence before 1 July 2024? Section 358(2) BNS saves liabilities and punishments incurred under the repealed IPC and lets proceedings continue as if the IPC had not been repealed, so an offence committed before 1 July 2024 is charged under Sections 354A to 354D IPC. Section 531(2)(a) BNSS keeps trials and investigations pending on that date under the CrPC, including its bail and forum classification. The punishments are the same under both codes.

Sources

Acts and sections read (BNS and BNSS from the Gazette; IPC and CrPC from the official texts): BNS ss.2, 74–79, 358; IPC ss.8, 10, 354A–354D; BNSS ss.173, 180(3), 183(6)(a), 218(1), 359, 531 and First Schedule; CrPC ss.164(5A), 320 and First Schedule; IT Act, 2000, s.66E (library text); Constitution, Art. 20(1).

Judgments read (full text, Veritect Supreme Court corpus): Aparna Bhat v. State of Madhya Pradesh (2021_4_479_510_EN.md); Tuhin Kumar Biswas @ Bumba v. State of West Bengal (2025_12_258_272_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.

Sections 354A-354D IPC vs Sections 75-78 BNS — Sexual Harassment, Voyeurism, Stalking