IPC Section 376C — Sexual intercourse by person in authority

sexual offences

Criminal

Summary

A person who holds a position of authority, a fiduciary role, a public office, or who manages or works in a jail, remand home, women’s or children’s institution, or a hospital, and misuses that position to persuade or pressure a woman who is in their custody, under their charge, or present on the premises to have sexual intercourse with them—where this does not amount to the crime of rape—faces a minimum prison term of 5 years, which can extend up to 10 years, and may also be fined. The term “sexual intercourse” here includes the same acts listed in the definition of rape under section 375, and the explanation about consent from section 375 also applies.

Official Text

Whoever, being, in a position of authority or in a fiduciary relationship; or
a public servant; or
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
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 5 years, but which may extend to ten years, and shall also be liable to fine1.
Explanations
In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses

(a) to

(d) of section 375.
For the purposes of this section, Explanation 1 to section 375 shall also be applicable.
“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.
The expressions “hospital” and “women’s or children’s institution” shall respectively have the same meaning as in Explanation to sub-section (2) of section 376.

Related Judgments

  • OMKAR PRASAD VERMA v. STATE OF MADHYA PRADESH — Supreme Court of India (2007)
  • Crl.O.P.No.31316 of 2015 vs Subhankar Mukherjee — Madras High Court (2013)
  • MODERN TERRY TOWEL LTD v. SOLANKI MULJIBHAI REVABHAI HAR — Supreme Court of India (S)
  • NAVTEJ SINGH JOHAR v. UOI THR. SECY. MINISTRY OF LAW & JUSTICE — Supreme Court of India (2018)
  • S.C.R. 116 SURESH KUMAR KOUSHAL AND ANOTHER v. NAZ FOUNDATION AND OTHERS — Supreme Court of India (2013)
  • CRL A/113/2010 — Madras High Court (2010)
  • Sole Accused vs State, rep.by Inspector of Police, — Madras High Court ()
  • Petitioner/Accused vs State by Inspector of Police, — Madras High Court (2004)

Old <-> New Code Mapping

  • BNS §68 — Sexual intercourse by a person in authority