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BNS Section 68: Sexual intercourse by a person in authority

Section 68 of the Bharatiya Nyaya Sanhita, 2023 deals with sexual intercourse by a person in authority. It replaces IPC 376C of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 68 is cognizable and non-bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
68Sexual intercourse by a person in authority, etc.Rigorous imprisonment for not less than 5 years, but which may extend to 10 years and fine.CognizableNon-bailableCourt of Session

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 68

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 | 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.

Punishment for rape in certain cases.

Punishment for causing death or resulting in persistent vegetative state of victim.

Sexual intercourse by husband upon his wife during separation.

Sexual intercourse by a person in authority.

Sexual intercourse by employing deceitful means, etc.

Gang rape.

Punishment for repeat offenders.

Disclosure of identity of victim of certain offences, etc.

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.

IPC sections replaced

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