Section 354E IPC
354E. Sextortion.—(1) Whoever,—
(a) being in a position of authority; or
(b) being in a fiduciary relationship; or
(c) being a public servant,
abuses such authority or fiduciary relationship or misuses his official position to employ physical or non physical forms of coercion to extort or demand sexual favours from any woman in exchange of some benefits or other favours that such person is empowered to grant or withhold, shall be guilty of offence of sextortion.
Explanation.–For the purpose of this section, ‘sexual favour’ shall mean and include any kind of unwanted sexual activity ranging from sexually suggestive conduct, sexually explicit actions such as touching, exposure of private body parts to sexual intercourse, including exposure over the electronic mode of communication.
(2) Any person who commits the offence of sextortion shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to five years and with fine.
[Ins. by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).
Chhattisgarh.—
After Section 354D of the Penal Code, the following shall be inserted, namely:—
354E. Liability person present who fails to prevent the commission of offence under Section 354, 354A, 354B, 354C, 354D.—
Whoever, being present at the time of commission of an offence under section 354, section 354A, section 354B, section 354C or section 354D and being able to prevent such offence, fails to prevent the commission of such offence or not being in position to prevent the commission of such offence, fails to give information of the commission of such offence to the nearest magistrate or police officer, by any mode, with the intention of screening the offender from legal punishment, shall be liable for abetment of such offence and shall be punished with imprisonment of either description which may extend to three years or with fine or with both.]
Arunachal Pradesh
Amendment of section 354.—In section 354 of the principal Act, for the words “shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine “the words “ shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine” shall be substituted.
Amendment of section 354B.—In section 354B of the principal Act, for the words “shall be punished 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” the words “shall be punished on first 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; and be punished on a second or subsequent convicting with rigorous imprisonment for a term which shall not be less than seven years but which may extend to ten years with fine which shall not be less than one lakh rupees” shall be substituted.
Amendment of section 354D.—In section 354D of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:–
“(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and shall also be liable to fine; and be punished on a second or subsequent conviction with imprisonment or either description for a term which shall not be less than three years but which may extend to seven years and with fine which shall not be less than one lakh rupees:
Provided that the count may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of lesser period of imprisonment than specified minimum imprisonment.”.
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