Section 68 BNS: Sexual Intercourse by Person in Authority (Formerly Section 376C IPC)

Section 68 of Bharatiya Nyaya Sanhita: Sexual Intercourse by Person in Authority

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 68

Section 68 penalizes sexual intercourse by a person in authority (superintendent of jail, remand home, hospital staff, management of educational or religious institutions), prescribing imprisonment of not less than five years extending up to ten years, and fine.

Fiduciary or Custodial Authority: Applies to persons in authority: jail superintendents, remand home managers, doctors/staff in hospitals, and managers of children's or women's institutions.
Abuse of Official Position: Induces or seduces any woman under their custody or authority to have sexual intercourse, not amounting to the offence of rape.
Mandatory Minimum Custody: Prescribes a strict minimum custodial sentence of five years imprisonment.

Key Landmark Precedents:

Tukaram v. State of Maharashtra (1979) 2 SCC 143 (Mathura Case): The historic ruling that spurred legislative amendments creating custodial sexual offences to protect women in custody from institutional abuse of power.
State of Punjab v. Gurmit Singh (1996) 2 SCC 384: Reaffirmed that persons in positions of authority abusing trust to sexually exploit vulnerable women face severe statutory penalties under Section 376C IPC (Section 68 BNS).

Courtroom Practice & Strategic Litigation Guidance:

In prosecutions under Section 68 BNS, establish institutional custody records: if the accused was the administrator or doctor, the prosecution must prove that the sexual act was induced by leveraging that institutional power.

Section 68: Sexual Intercourse by Person in Authority

Section 68 of Bharatiya Nyaya Sanhita: Sexual Intercourse by Person in Authority

Legal Commentary & Landmark Judgments: Section 68