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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter V: Of Offences Against Woman And Child

Section 68 BNS: Sexual intercourse by a person in authority

Corresponding IPC
Section 376C IPC
Punishment
Rigorous imprisonment 5 to 10 years, and fine

Classification of offence

SectionCognizable?Bailable?Triable by
68CognizableNon-bailableCourt of Session

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Punishes a person in authority, fiduciary relationship, public servant, jail or custodial institution superintendent, or hospital management or staff who abuses his position to induce a woman in his custody or charge to have intercourse, where it is not rape.

Chapter V: Of Offences Against Woman And Child

  1. 63 Rape
  2. 64 Punishment for rape
  3. 65 Punishment for rape in certain cases
  4. 66 Punishment for causing death or resulting in persistent vegetative state of victim
  5. 67 Sexual intercourse by husband upon his wife during separation
  6. 68 Sexual intercourse by a person in authority
  7. 69 Sexual intercourse by employing deceitful means, etc
  8. 70 Gang rape
  9. 71 Punishment for repeat offenders
  10. 72 Disclosure of identity of victim of certain offences, etc
  11. 73 Printing or publishing any matter relating to Court proceedings without permission
  12. 74 Assault or use of criminal force to woman with intent to outrage her modesty
  13. 75 Sexual harassment
  14. 76 Assault or use of criminal force to woman with intent to disrobe
  15. 77 Voyeurism
  16. 78 Stalking
  17. 79 Word, gesture or act intended to insult modesty of a woman
  18. 80 Dowry death
  19. 81 Cohabitation caused by man deceitfully inducing belief of lawful marriage
  20. 82 Marrying again during lifetime of husband or wife
  21. 83 Marriage ceremony fraudulently gone through without lawful marriage
  22. 84 Enticing or taking away or detaining with criminal intent a married woman
  23. 85 Husband or relative of husband of a woman subjecting her to cruelty
  24. 86 Cruelty defined
  25. 87 Kidnapping, abducting or inducing woman to compel her marriage, etc
  26. 88 Causing miscarriage
  27. 89 Causing miscarriage without woman's consent
  28. 90 Death caused by act done with intent to cause miscarriage
  29. 91 Act done with intent to prevent child being born alive or to cause to die after birth
  30. 92 Causing death of quick unborn child by act amounting to culpable homicide
  31. 93 Exposure and abandonment of child under twelve years of age, by parent or person having care of it
  32. 94 Concealment of birth by secret disposal of dead body
  33. 95 Hiring, employing or engaging a child to commit an offence
  34. 96 Procuration of child
  35. 97 Kidnapping or abducting child under ten years of age with intent to steal from its person
  36. 98 Selling child for purposes of prostitution, etc
  37. 99 Buying child for purposes of prostitution, etc
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