Updated on December 16, 2024 01:01:42 PM
Section 75 defines the offence of Sexual Harassment as previously mentioned under Section 345A of the Indian Penal Code. The punishment for intentionally insulting a woman's modesty is harsh. Regardless of her age, a woman's modesty is violated based on her sex, an inherent characteristic.
However, the woman’s consent or unwillingness decides whether the offence is liable or not. A person's reputation can also be damaged by fabricating allegations in several cases. Therefore, the claim is just a claim until it is not proven in court and here the accused can grant the bail. In this article, we will discuss Section 75, its punishment, and the bail procedure.
Contact Litem Legalis for expert legal guidance on bail applications.
Here, is an overview of Clause 75 of BNS given below:
| Offence | Sexual-Harassment |
|---|---|
| Clause under BNS | Clause 75 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 1 to 3 years, Fine or Both |
| Triable | Police station | Any Magistrate |
Clause 75 of BNS deals with the followings:-
(1) A man committing any of the following acts:
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because it is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On your behalf, the lawyer drafts a bail application. In this application they outline all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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BNS clause 75 provides avenues for victims of sexual harassment to obtain justice, ensuring perpetrators face appropriate punishment. Under the law, the severity of the offence is reflected in the stringent penalties. Bail does, however, require a careful balance between allowing fair legal proceedings while prioritising the safety and well-being of victims. Implementing Clause 75 demonstrates society's commitment to combating sexual harassment and fostering an environment of respect and equality for all while adhering to the principles of justice and accountability.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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