Section 376C IPC (Sexual intercourse by a person in authority) is now Section 68 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 376C to BNS 68?
Section 376C IPC corresponds to Section 68 BNS. The heading and substantive elements of the offence remain identical across both codes. Cross-references in the statutory Explanations are updated: references to Section 375 IPC are updated to Section 63 BNS, and the reference to Section 376 IPC is updated to Section 64 BNS. The prescribed punishment of rigorous imprisonment of not less than five years extending up to ten years and liability to fine continues without alteration.
IPC 376C vs BNS 68: Comparison Table
Aspect
IPC 1860 (repealed)
BNS 2023 (in force)
Section
376C
68
Offence
Sexual intercourse by a person in authority
Same
Punishment
Rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years
Same
Fine
Liable to fine
Same
Bail
Non-Bailable
Same
Cognizance
Cognizable
Same
Compoundable
Non-Compoundable
Same
Triable By
Court of Session
Same
IPC 376C and BNS 68: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 376C, IPC 1860
376C. 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 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.
BNS 2023 (in force)
Section 68, BNS 2023
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.
Ingredients: IPC 376C vs BNS 68
Under IPC 376C
The accused held a covered position: authority or fiduciary relationship, public servant, superintendent or manager of custody or institution, or management or staff of a hospital
The woman was in his custody, under his charge, or present in the premises
The accused abused such position or fiduciary relationship to induce or seduce the woman to have sexual intercourse with him
The sexual intercourse did not amount to the offence of rape
Under BNS 68
Abuse of authority, fiduciary position, public office, custodial charge, or hospital employment to induce or seduce a woman into sexual intercourse
Presence of the woman in custody, under charge, or on the premises of the institution
Statutory requirement that such sexual intercourse does not amount to the offence of rape
Preservation of rigorous imprisonment of not less than five years extending up to ten years and liability to fine under Section 68 BNS
What IPC 376C to BNS 68 Means for Pending Cases
For Section 376C IPC (now Section 68 BNS): under Section 68 BNS, offences by persons in authority inducing sexual intercourse not amounting to rape are prosecuted under Section 68 BNS. The mandatory five-year minimum term, non-bailable status, and cross-references to BNS rape definitions apply identically to proceedings previously governed by Section 376C IPC.
FAQs: IPC 376C to BNS 68
What changed between Section 376C IPC and Section 68 BNS?▼
The substantive offence, heading, and punishment remain identical. Cross-references in the Explanations are updated from Sections 375 and 376 IPC to Sections 63 and 64 BNS.
Where is Section 376C IPC located in the Bharatiya Nyaya Sanhita?▼
Section 376C IPC is codified as Section 68 BNS, in Chapter V, Of Offences Against Woman and Child, under the sub-heading Of sexual offences.
Does Section 376C IPC or Section 68 BNS apply to an act done before 1 July 2024?▼
Section 376C IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 376C IPC. Section 68 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·