Criminal Law (Amendment) Act, 2013

Criminal Law (Amendment) Act, 2013 penalises and punishes the perpetrators of sexual harassment under the following sections of the Indian Penal Code (IPC) Section 294: Obscene acts and songswhoever, to the annoyance of others: does any obscene act in any public place sings, recites or utters any obscene song, ballad or words in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both

Section 354: Any man commits to assault or use of criminal force to woman with intent to outrage her modesty or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment or fined or both.

1. Sexual harassment
1. physical contact and advances involving unwelcome and explicit sexual overtures
2. demand or request for sexual favours
3. showing pornography against the will of a woman
4. making sexually coloured remarks Punishment: imprisonment which may extend to three years or with fine or both.
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2. Using assault or criminal force to a woman with intent to disrobe her. Punishment: imprisonment for not less than three years which may extend up to seven years and fine
3. Voyeurism (Any man watching or capturing the image of a woman engaging in a private act. Punishment: (On first conviction) Imprisonment for not less than one year which may extend to three years and fine. (repeated offenders) Imprisonment not less than three years, this may extend to seven years and fine.
4. Stalking (Any man following a woman and attempting to contact, or foster personal interaction despite a clear indication of disinterest by her or monitors the use by a woman of internet, email or any other form of electronic communication) Punishment: Imprisonment which may extend up to three years.
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   (repeated offenders) imprisonment may extend to five years and fine.

Section 509: uttering any word or making any gesture intended to insult the modesty of a woman Punishment: imprisonment for three years and fine. The IPC provisions which may be used in the case of sexual harassment at the workplace are given in the following table. In order to invoke the operation of penal provisions, it is required that the charges must be proved beyond reasonable doubts and must have all ingredients of the offence.

Section 107 to 109 Abetment

Section 120A and 120B Criminal conspiracy

Section 166A Public servant disobeying direction under law

Section 292 to 294 Obscenity

Section 306 Abetment of suicide

Section 319 to 331 Relating to hurt and grievous hurt

Section 326A and 326B Causing grievous hurt by use of acid, etc.

Section 339 to 348 Wrongful restraint and wrongful confinement

Section 354 Assault or use of criminal force to woman with intent to outrage her modesty

Section 354A Sexual harassment

Section 354B Assault or use of criminal force with intent to disrobe

Section 354C Voyeurism

Section 354D Stalking

Section 375 and related provisions Rape

Section 376C Sexual intercourse by a person in authority

Section 415 to 417 Cheating Section 499 to 500 Defamation

Section 503, 506 and 507 Criminal intimidation

Section 508 Act caused by inducing the person to believe that he will be rendered the object of divine displeasure.

Section 509 Word, gesture or act intended to insult the modesty of a woman

Section 511 Attempt to commit an offence.