BNS 68 — Sexual intercourse by a person in authority.

Bharatiya Nyaya Sanhita, 2023

Statutory text

68. 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.
Sexual intercourse by employing deceitful means, etc.

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