BNS Section 68 — Sexual intercourse by a person in authority

Summary

This section punishes a person in a position of authority who abuses that position to pressure or persuade a woman into having sexual intercourse with them, where the act does not amount to the offence of rape. The punishment is rigorous imprisonment for a term of at least five years, which may extend up to ten years, along with a fine.

Sub-section (1) lists the categories of persons covered by this section: (a) someone in a position of authority or in a fiduciary relationship; (b) a public servant; (c) a superintendent or manager of a jail, remand home, or other place of custody established by law, or of a women’s or children’s institution; or (d) someone on the management or staff of a hospital. The section applies when such a person abuses their position or fiduciary relationship to induce or seduce any woman who is in their custody, under their charge, or present in the premises, to have sexual intercourse with them.

Explanation 1 clarifies that for this section, the term sexual intercourse means any of the acts mentioned in clauses (a) to (d) of section 63.

Explanation 2 states that Explanation 1 to section 63 also applies for the purposes of this section.

Explanation 3 defines superintendent in relation to a jail, remand home, or other place of custody, or a women’s or children’s institution, to include a person holding any other office in such place by virtue of which they can exercise authority or control over its inmates.

Explanation 4 states that the expressions hospital and women’s or children’s institution have the same meanings as given in clauses (b) and (d) of the Explanation to sub-section (2) of section 64.

Official Text

Whoever, being—

(a) in a position of authority or in a fiduciary relationship; or

(b) a public servant; or

(c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women’s or children’s institution; or

(d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.

Explanation 1.— In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses

(a) to

(d) of section 63.

Explanation 2.— For the purposes of this section, Explanation 1 to section 63 shall also be applicable.

Explanation 3.— “Superintendent”, in relation to a jail, remand home or other place of custody or a women’s or children’s institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates.

Explanation 4.—The expressions “hospital” and “women’s or children’s institution” shall respectively have the same meanings as in clauses

(b) and

(d) of the Explanation to sub-section (2) of section 64.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
• SC (2025) Vol.9 p.283 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §376C — Sexual intercourse by a person in authority