BNS Section 68: Sexual intercourse by a person in authority
Bharatiya Nyaya Sanhita, 2023 · Chapter 5: Of Offences Against Woman and Child
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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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 63. Rape
- 64. Punishment for rape
- 65. Punishment for rape in certain cases
- 66. Punishment for causing death or resulting in persistent vegetative state of victim
- 67. Sexual intercourse by husband upon his wife during separation
- 69. Sexual intercourse by employing deceitful means, etc
- 70. Gang rape
- 71. Punishment for repeat offenders
- 72. Disclosure of identity of victim of certain offences, etc
- 73. Printing or publishing of any matter relating to Court proceedings without permission
- 74. Assault or use of criminal force to woman with intent to outrage her modesty
- 75. Sexual harassment
- 76. Assault or use of criminal force to woman with intent to disrobe
- 77. Voyeurism
- 78. Stalking
- 79. Word, gesture or act intended to insult modesty of a woman
- 80. Dowry death
- 81. Cohabitation caused by man deceitfully inducing belief of lawful marriage
- 82. Marrying again during the lifetime of husband or wife
- 83. Marriage ceremony fraudulently gone through without lawful marriage
- 84. Enticing or taking away or detaining with criminal intent a married woman
- 85. Husband or relative of the husband of a woman subjecting her to cruelty
- 86. Cruelty defined
- 87. Kidnapping, abducting, or inducing a woman to compel her marriage, etc
- 88. Causing miscarriage
- 89. Causing miscarriage without woman’s consent
- 90. Death caused by an act done with the intent to cause miscarriage
- 91. Act done with intent to prevent a child being born alive or to cause to die after birth
- 92. Causing the death of a quick unborn child by an act amounting to culpable homicide
- 93. Exposure and abandonment of a child under twelve years of age, by parent or person having care of it
- 94. Concealment of birth by secret disposal of a dead body
- 95. Hiring, employing, or engaging a child to commit an offence
- 96. Procuration of a child
- 97. Kidnapping or abducting a child under ten years of age with the intent to steal from its person
- 98. Selling a child for purposes of prostitution, etc
- 99. Buying a child for purposes of prostitution, etc