Section 376C IPC: Sexual intercourse by a person in authority

Section 376C IPC Bare Act Text

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.

Source: Section 376C, Indian Penal Code, 1860

Amendment note: Substituted by the Criminal Law (Amendment) Act, 2013 (w.e.f. 3 February 2013). The section was widened from superintendents of jails and remand homes to any person in a position of authority or a fiduciary relationship, including public servants and hospital management.

Section 376C IPC in Simple Words

Ingredients of Section 376C IPC

• 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

Punishment Under Section 376C IPC

Section 376C IPC 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 376C IPC

When Section 376C IPC Does Not Apply

• Section 376C IPC does not apply when the accused was not in a position of authority or fiduciary relationship, not a public servant, not a custodial or institutional superintendent or manager, and not on the management or staff of a hospital.
• Section 376C IPC does not apply where the woman was neither in the custody or charge of the accused nor present in the relevant premises.
• Section 376C IPC does not apply if the accused did not abuse his position or fiduciary relationship to induce or seduce the woman into sexual intercourse.
• Section 376C IPC does not apply when the sexual intercourse amounted to the offence of rape under Section 375 IPC.

Section 376C IPC in the BNS

FAQs on Section 376C IPC

Sections Related to Section 376C IPC