Section 68 BNS: Sexual intercourse by a person in authority

Bharatiya Nyaya Sanhita, 2023

Section 68 BNS at a Glance

Section 68 BNS deals with sexual intercourse by a person in authority. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 376C IPC on 1 July 2024.

Punishment

Rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

IPC Equivalent

Section 376C →

Section 68 BNS Bare Act Text

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.

Source: Section 68, Bharatiya Nyaya Sanhita, 2023

Section 68 BNS in Simple Words

Section 68 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with a person in a position of authority or in a fiduciary relationship, a public servant, a superintendent or manager of a jail, remand home, other place of custody, or a women's or children's institution, or a person on the management or staff of a hospital, who abuses such position or fiduciary relationship to induce or seduce a woman in his custody, under his charge, or present in the premises to have sexual intercourse with him, where such sexual intercourse does not amount to the offence of rape.

This provision protects women from sexual exploitation in custodial, institutional, official, and fiduciary settings. In such places and relationships, the power imbalance is severe, and the law punishes the abuse of position to obtain sexual intercourse even where the act does not amount to rape.

It focuses on misuse of official, institutional, or fiduciary authority rather than ordinary private relationships. Under Section 68 BNS, the offence is punishable with rigorous imprisonment of either description for a term not less than five years, which may extend to ten years, and liability to fine.

Ingredients of Section 68 BNS

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

Punishment Under Section 68 BNS

Imprisonment

Rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years

Fine

Liable to fine

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Section 68 BNS punishes sexual intercourse by a person in authority not amounting to rape with rigorous imprisonment of not less than five years extending to ten years, and liability to fine. Proceedings under this provision are cognizable, non-bailable, and triable exclusively by the Court of Session.

Example of Section 68 BNS

At a state-administered shelter home in Jabalpur, superintendent Prakash exercised official control over the premises and female residents. Prakash abused his managerial authority to induce Sunita, an adult resident under his charge, into having sexual intercourse with him in exchange for approving her release paperwork. Sunita agreed to the act and none of the circumstances in Section 63 BNS applied, so it did not amount to rape. Because Prakash abused his position of custody to induce a woman under his charge to have sexual intercourse, his conduct falls within Section 68 BNS, punishable with rigorous imprisonment of not less than five years extending up to ten years, and he is also liable to fine.

When Section 68 BNS Does Not Apply

The accused did not hold any of the statutory positions of authority, fiduciary relationship, public office, custody, or hospital management or staff
The woman was not in his custody, under his charge, or present in the premises
There was no abuse of position or fiduciary relationship to induce or seduce the woman
The conduct amounted to the offence of rape under Section 63 BNS, which is punishable under Section 64 BNS instead

Section 68 BNS in the IPC (Previous Law)

Section 68 BNS replaces Section 376C IPC from the old criminal code.

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.

View IPC Section 376C →

FAQs on Section 68 BNS

Who can be punished under Section 68 BNS?▼

Anyone in a position of authority or a fiduciary relationship, a public servant, a superintendent or manager of a jail, remand home, other place of custody, or a women's or children's institution, or a person on the management or staff of a hospital can be punished if they abuse such position to induce or seduce a woman in their custody, under their charge, or present in the premises.

Does the woman's consent matter under Section 68 BNS?▼

Consent is not treated in the same way as in an ordinary private setting. Where there is custody or direct authority, the law recognises that real freedom to refuse may be missing. That is why the section focuses on the abuse of the power relationship to induce or seduce the woman where the act does not amount to rape.

What is the punishment under Section 68 BNS?▼

Rigorous imprisonment of either description for a term not less than five years, which may extend to ten years, together with fine. It is a cognizable, non-bailable, and non-compoundable offence.

What replaced Section 376C IPC in the BNS?▼

Section 68 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is the current law in force. It punishes sexual intercourse by a person in authority not amounting to rape, with cross-references in its Explanations to Sections 63 and 64 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·