Section 68 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 68 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offence of sexual intercourse by a person in authority. It criminalizes the abuse of positions of power or trust to induce or seduce a woman into sexual intercourse, where such intercourse does not amount to rape
📜 Text of Section 68
Section 68 – Sexual Intercourse by a Person in Authority
Whoever, being:]
(a) in a position of authority or in a fiduciary relationship;
(b) a public servant;
(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;
(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.
🔍 Key Elements
Scope of Applicability: The provision applies to individuals in positions of authority or trust, including public servants, custodial managers, and hospital staff
Nature of the Offence: The offence involves the abuse of power to induce or seduce a woman into sexual intercourse, where such intercourse does not meet the legal definition of rape.
Punishment: The offender is liable to rigorous imprisonment for a term not less than five years but which may extend to ten years, along with a fine.
🧾 Legal Context
Section 68 of the BNS, 2023 aligns with the Indian Penal Code's Section 376C, which deals with sexual intercourse by a person in authority. However, the BNS provides a more comprehensive framework, encompassing a broader range of authority figures and emphasizing the abuse of power in various institutional settings.
⚖️ Legal Implications
This provision is significant in protecting individuals from exploitation by those in positions of power or trust. It ensures accountability and upholds the integrity of institutions by criminalizing the abuse of authority for sexual gain.
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