Of Offences Against Woman And Child
BNS Section 68 - Sexual intercourse by a person in authority
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Full official legal text
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.