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Sexual Harassment Under BNS 2026 Lawyer in Delhi
Expert legal guidance for criminal prosecution under Bharatiya Nyaya Sanhita (BNS), 2026
Sexual Harassment Under BNS 2026
Criminal liability for offenders under the new criminal code
The Bharatiya Nyaya Sanhita (BNS), 2026 (effective July 1, 2024) consolidates and strengthens criminal laws in India. Sexual harassment provisions under BNS provide enhanced protection for women and impose stricter penalties compared to the old IPC. Our lawyers help victims file FIRs and pursue criminal prosecution under BNS.
BNS 2026 Sections for Sexual Harassment
| BNS Section | Offense Description | Punishment | Cognizable/Bailable |
|---|---|---|---|
| Section 67 | Word, gesture or act intended to insult the modesty of a woman | Simple imprisonment up to 1 year or fine or both | Cognizable / Bailable |
| Section 74 | Assault or use of criminal force to woman with intent to outrage her modesty | Imprisonment up to 5 years and fine | Cognizable / Bailable |
| Section 75 | Assault or use of criminal force to woman with intent to disrobe | Imprisonment 3-7 years and fine | Cognizable / Bailable |
| Section 76 | Voyeurism (watching or capturing images of a woman in private act) | First offense: 1-3 years + fine; Second offense: 3-7 years + fine | Cognizable / Bailable |
| Section 77 | Stalking (following, contacting, or monitoring a woman) | First offense: up to 3 years + fine; Second offense: up to 5 years + fine | Cognizable / Bailable |
| Section 78 | Sexual harassment (specific provision for workplace/unwelcome conduct) | Imprisonment up to 3 years or fine or both | Cognizable / Bailable |
| Section 79 | Word, gesture or act intended to insult modesty (online/digital harassment) | Imprisonment up to 1 year or fine or both | Cognizable / Bailable |
IPC (Old) vs BNS 2026 (New)
| Offense | IPC Section | BNS Section | Key Changes in BNS |
|---|---|---|---|
| Word/gesture to insult modesty | IPC 509 | BNS 67 | Enhanced fine provisions |
| Outraging modesty (assault) | IPC 354 | BNS 74 | Maximum punishment increased to 5 years |
| Voyeurism | IPC 354C | BNS 76 | Clearer definition, enhanced penalty for repeat offense |
| Stalking | IPC 354D | BNS 77 | Expanded definition to include cyber stalking |
| Sexual harassment (workplace) | No specific section | BNS 78 | New provision codifying workplace sexual harassment |
| Online harassment | No specific section | BNS 79 | New provision for digital/online harassment |
📅 BNS (Amendment) Act, 2026 — Effective May 8, 2026
The recent amendment introduces:
• Section 78A – New offense of "sexual harassment through electronic communication"
• Section 79A – Enhanced punishment for repeat offenders of voyeurism/stalking
• Section 74A – Mandatory fast-track trial for sexual harassment cases
FIR Process Under BNS
File Written Complaint
At police station
FIR Registration
Under relevant BNS section
Investigation
Evidence collection
Charge Sheet
Before court
What Constitutes Sexual Harassment Under BNS 78?
Frequently Asked Questions (BNS 2026)
Has IPC been completely replaced?
Yes, IPC 1860 has been repealed and replaced by Bharatiya Nyaya Sanhita (BNS), 2026 effective July 1, 2024.
What is the new section for stalking under BNS?
Stalking is covered under Section 77 BNS (replacing IPC 354D) with enhanced punishment and inclusion of cyber stalking.
Is there a separate section for workplace sexual harassment in BNS?
Yes, Section 78 BNS specifically addresses workplace sexual harassment, complementing the POSH Act.
What is the punishment for voyeurism under BNS?
First offense: 1-3 years imprisonment; second offense: 3-7 years imprisonment.
Are BNS offenses cognizable?
Yes, all sexual harassment offenses under BNS Sections 67-79 are cognizable (police can arrest without warrant).
What are legal fees for BNS cases?
Based on case complexity. Free consultation available.
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