INDIAN PENAL CODE, 1860
BHARATIYA NYAYA SANHITA, 2023
376C. Intercourse by superintendent of jail, remand home, etc
68. Sexual intercourse by a person in authority.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN PENAL CODE, 1860
376C. Intercourse by superintendent of jail, remand home, etc.--
Whoever, being the 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 of a women's or children's institution takes
advantage of his official position and induces or seduces any female
inmate of such jail, remand home, place or institution to have sexual
intercourse with him, such sexual intercourse not amounting to the
offence of rape, shall be punished with imprisonment of either
description for a term which may extend to five years and shall also
be liable to fine.
Explanation 1.-"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 he can exercise any authority
or control over its inmates.
Explanation 2.-The expression "women's or children's institution"
shall have the same meaning as in Explanation 2 to sub-section (2) of
section 376.
Repealed / historical reference India Code — IPC 1860
BHARATIYA NYAYA SANHITA, 2023
68. Sexual intercourse by a person in authority.—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.
Current law India Code — BNS 2023