BNS Section 68 – Sexual intercourse by a person in authority

Amit Kapoor07 mins

Section in IPC – 376 C

Sexual intercourse by a person in authority

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 meaning as in Explanation to sub-section (2) of section 64.

Key Points on BNS-68: Abuse of Authority or Fiduciary Relationships Leading to Sexual Intercourse

BNS-68 pertains to the abuse of authority or fiduciary relationships to induce or seduce individuals into sexual intercourse. This provision aims to protect vulnerable individuals from exploitation by those in positions of trust or authority.

1. Scope of Application

  • Categories of Individuals: The provision applies to various individuals in positions of trust or authority, including:
    • In a position of authority or fiduciary relationship: This includes anyone who holds a position that involves a duty of trust or care towards another individual.
    • Public Servants: Individuals employed in government roles or public offices.
    • Superintendents or Managers: Those in charge of jails, remand homes, or other custodial institutions, including women’s and children’s institutions.
    • Hospital Management or Staff: Individuals working in the management or staff of hospitals.

2. Nature of the Offense

  • Abuse of Position: The offense involves using one’s position of authority or fiduciary responsibility to induce or seduce a woman:
    • To have sexual intercourse: The act is sexual intercourse but does not amount to rape.
    • Context of Custody or Charge: The woman may be in custody, under charge, or present in the premises managed by the offender (e.g., hospital, jail).

3. Punishment for the Offense

  • Imprisonment:
    • The perpetrator will face rigorous imprisonment for a term of no less than five years, but this may extend to ten years.
  • Fine:
    • The offender will also be liable to pay a fine, the specific amount of which is determined by the court.

4. Definitions and Important Terms

  • Position of Authority: A role where an individual has power or influence over another, which could affect the other person’s decisions or actions.
  • Fiduciary Relationship: A relationship where one party has a duty to act in the best interest of another party, such as in professional or personal care situations.
  • Sexual Intercourse: Refers to any physical sexual activity involving penetration.
  • Custody or Charge: Refers to situations where the person is under the control or supervision of the individual in authority (e.g., in a custodial institution or hospital).
  • Not Amounting to Rape: The sexual intercourse described in this provision does not meet the legal definition of rape but is still a criminal abuse of position.

Summary

BNS-68 criminalizes the abuse of authority or fiduciary relationships to induce or seduce a woman into sexual intercourse under specific circumstances. The punishment for such an offense includes rigorous imprisonment for a minimum of five years, extending up to ten years, along with a fine. This provision is designed to protect individuals, especially those in vulnerable positions (e.g., custodial or hospital settings), from exploitation and abuse by those in positions of power or trust.

Related News