Section 376C IPC: Sexual intercourse by a person in authority

Section 376C: Sexual intercourse by a person in authority

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

¹[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 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 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 376.]

Footnotes in the official text

1.Subs. by Act 13 of 2013, s. 9, for sections 375, 376, 376A, 376B, 376C and 376D (w.e.f. 03-02-2013).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

376C. Sexual intercourse by a person in authority.

BNS 68

Questions on this section

2 questions in 6 of our papers cite Section 376C. Try these from the free papers:

1. A is the superintendent of a women's institution established under a law in force. He abuses his position to induce Z, a woman residing in the institution under his charge, to have sexual intercourse with him. The circumstances are such that the act does not amount to rape. Under the Bharatiya Nyaya Sanhita, 2023, A is liable under: