IPC Section 376C

Indian Penal Code

US
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IPCChapter XVI

S. 376 C

Sexual intercourse by person in authority

Description

Whoever, being—

  1. in a position of authority1 or in a fiduciary relationship; or
  2. a public servant; or
  3. 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
  4. 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 5 years, but which may extend to ten years, and shall also be liable to fine1.

Explanations

  1. In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
  2. For the purposes of this section, Explanation 1 to section 375 shall also be applicable.
  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.
  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.

1 Criminal Law (Amendment) Act, 2013

...More in Chapter XVI

Classification u/schedule 1 CrPC

Offence

Punishment

Sexual intercourse by a person in authority

Rigorous Imprisonment for 5 to 10 years + Fine

Cognizance

Bail

Triable By

Cognizable

Non-bailable

Court of Session

Composition u/s 320 CrPC

Offence is NOT listed under Compoundable Offences

By Raman Devgan
Updated: 31 Oct 2022
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