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Under Section 354A of the IPC 1860, who can be a victim of the crime of sexual harassment ?
Explanation
Section 354A of the Indian Penal Code (IPC), 1860, was inserted by the Criminal Law (Amendment) Act, 2013, following the recommendations of the Justice Verma Committee. The provision specifically defines the offence of sexual harassment and prescribes its punishment.
The statutory language of Section 354A begins with the phrase, "A man who commits any of the following acts...", and the context of the section (falling under the category of offences intended to outrage the modesty of women) makes it clear that the victim can only be a woman. The acts include physical contact involving unwelcome sexual overtures, demanding sexual favours, showing pornography against a woman's will, or making sexually coloured remarks. While contemporary legal debates often discuss gender-neutral laws, the IPC 1860 remained gender-specific regarding the victim's identity for this particular crime.
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