Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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
Brief Detail
BNS Section 68 deals with the misuse of authority or fiduciary relationships by individuals in positions of power, such as public servants, superintendents, or hospital staff, to induce or seduce women under their charge for sexual intercourse. While this act does not amount to rape, it carries a minimum sentence of five years' rigorous imprisonment, extendable to ten years, along with a fine. The section also clarifies the definition of sexual intercourse and the term "superintendent."
Questions & Answers
Q1: What is BNS Section 68 about?
A1: BNS Section 68 pertains to sexual intercourse by a person in authority who abuses their position or fiduciary relationship to seduce or induce a woman under their custody, without it being an act of rape.
Q2: Who falls under the purview of BNS Section 68?
A2: Individuals in positions of authority, fiduciary relationships, public servants, superintendents or managers of jails, remand homes, women’s or children’s institutions, and hospital staff are covered under this section.
Q3: What is the punishment under BNS Section 68?
A3: The punishment is rigorous imprisonment for not less than five years, which may extend to ten years, along with a fine.
Q4: What does sexual intercourse mean in BNS Section 68?
A4: According to this section, sexual intercourse refers to acts mentioned in clauses (a) to (d) of section 63.
Q5: Does this section apply to any specific type of institution?
A5: Yes, it applies to jails, remand homes, places of custody, women’s or children’s institutions, and hospitals.
Example
A hospital superintendent abuses his position to seduce a female patient under his charge. Although the act does not constitute rape, he is found guilty under BNS Section 68. The court sentences him to six years of rigorous imprisonment and imposes a fine.
Summary
BNS Section 68 criminalizes the abuse of power by individuals in authoritative positions to induce sexual intercourse with women under their care. It includes a variety of roles, from public servants to hospital staff, and prescribes a punishment of rigorous imprisonment for a term of five to ten years along with a fine.
