Legal clauses for help for victims

Those who have become victims of sexual harassment at workplace can use the following legal clauses to make complaints(including FIR at police stations):

The Criminal Law (Amendment) Ordinance(changes), 2013

Section 354A(Sexual Harassment)


Rigorous imprisonment up to three years, or with fine, or with both in case of offence described in clauses (1), (2),(3)

Imprisonment up to one year, or with fine, or with both in other cases

What is included

  1. physical contact and advances involving unwelcome and explicit sexual overtures; or
  2. a demand or request for sexual favours; or
  3. making sexually colored remarks; or
  4. forcibly showing pornography; or
  5. any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

354B(Act with intent to disrobe a woman)


Imprisonment not less than three years but which may extend to seven years and with fine.

What is included

Assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked.

Section 354C(Voyeurism)


In case of first conviction, imprisonment not less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, 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.

What is included

Watching or capturing a woman in “private act”, which includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and where the victim's genitals, buttocks or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the person is doing a sexual act that is not of a kind ordinarily done in public.

Section 354D(Stalking)


Maximum imprisonment of 3 years and/or fine. Five years in case of subsequent convictions.

What is included

Anybody who follows a woman and contact, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman

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

Section 370,370A of IPC( trafficking of person for exploitation)


 3-5 years imprisonment and/or fine

What is included

If a person (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person, by using threats, or force, or coercion, or abduction, or fraud, or deception, or by abuse of power, or inducement for exploitation including prostitution, slavery, forced organ removal, etc. will be punished with imprisonment ranging from at least 7 years to life imprisonment.

Section 375 of IPC


At least 7 years jail and maximum life imprisonment with/without fine. In aggravated cases minimum 10 years rigorous imprisonment which can extend to life.

What is included

Even touching private parts will constitute sexual assault including having sex( with lack of physical resistance).

Section 376A of IPC


Minimum 20 years rigorous imprisonment which can extend to life with compensation to victim.

What is included

if a person committing the offence of sexual assault, "inflicts an injury which causes the death of the person or causes the person to be in a persistent vegetative state

Section 376C


Rigorous imprisonment of term between 5-10 years and/or fine

What is included

Whoever abuses a woman using his position of authority(or fiduciary relationship) to induce or seduce any woman in his charge or present in the premises to have sexual intercourse.

Indian Penal Code(IPC), 1860

Section 509

What is included

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

Section 354

What is included

Assault or criminal force to woman with intent to outrage her modesty

Process of recording statement

As per changes in CrPC and Evidence Act

  1. The recording of statement of victim has been made more victim friendly and easy
  2. The character of victim is immaterial. It means characterless lady will be treated the same way as good-character one.
  3. If the victim states in court that she did not consent the sex(if provided) then it will be taken as "no consent sex" by court.

Source: Wikipedia & others


I'm still working on it and I'm not a legal expert. I'd improve as your suggestions.



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