Indian Penal Code 1860
Section 376C :
1.[ Sexual intercourse by a person in authority :
(See section 68 of BNS 2023)
Classification of Offence:
Offence: Sexual intercourse by a person in authority.
Punishment :Rigorous imprisonment of not less than 5 years but which may extend to 10 years with fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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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 womens or childrens 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 in the offence of rape, shall be punished with rigorous imprisonment 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 375.
Explanation 2 :
For the purposes of this section, Explanation 1 to section 375 shall also be applicable.
Explanation 3 :
Superintendent, in relation to a jail, remand home or other place of custody or a womens or childrens 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 womens or childrens institution shall respectively have the same meaning as in Explanation to sub-section (2) of section 376.]
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1. Substituted by the Criminal Law (Amendment) Act, 2013 (No.13 of 2013).
