What are Sexual Gestures?

Home / Legal Explainers / Crimes & Violence / Sexual Violence / Sexual Crimes / What are Sexual Gestures?

**[Trigger Warning*: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.***]

If anyone makes any sexual gestures that are insulting and sexual in nature, it is a crime. Under the law, only a man can be punished for the crime.(( Section 354A, Indian Penal Code, 1860))

Some examples of sexual actions and gestures are, when a person:

Inappropriately touches themselves while looking at someone.
Makes gestures such as flying kisses, whistling or gesturing to someone’s body.(( State v. Mohd Zahir, District Court, Delhi, SC No. 103/13, Order dated: 08.10.2013; Yogendra Nath v. Commissioner Kendriya Vidyalaya Sangathan ILR (2014) 2 Delhi 1428.))
Undressing in front of a person and showing sexual gestures, even after the person has clearly expressed disinterest and discomfort.

The punishment for making sexual gestures is jail time between minimum one year and maximum five years along with a fine.(( Section 354, Indian Penal Code, 1860.))

Have a question you want to ask our legal experts?

Ask Nyaaya

Related Resources

Guide for Survivors of Sexual Harassment at the Workplace

This guide by Nyaaya and Ungender helps those who have faced sexual harassment at the workplace to navigate the legal process in such situations.

What is Sexual Harassment?

Sexual harassment can happen in several ways. Actions such as following a person on the streets or in any public space, peeping into their bedroom, making sexual gestures at them while they are at work or in the classroom, singing lewd songs - all of this is sexual harassment.

Types of Child Sexual Abuse

Indian law classifies the types of child sexual abuse into different types of crimes, regardless of the child’s gender .

How do you Complain against Sexual Crimes?

If you want to complain against sexual crimes, you can do it through any of the ways that have been listed herein.

Sexual Abuse By An Authority Figure

When these people commit crimes such as sexual assault or penetrative sexual assault, they will be given higher punishment for committing the same crimes.

What are Sexual Remarks and Threats?

If anyone says anything sexual to or sexually threatens a person, it is a crime under the law. Only a man can be punished for the crime.