Code: Section 68 BNS
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.
Explanation of Section 68 BNS
Protection Against Abuse of Power
- This section criminalizes sexual exploitation by persons in authority who misuse their position for non-consensual sexual intercourse.
- It applies to public servants, employers, jail staff, and persons in fiduciary roles who take advantage of women under their care or custody.
Key Provisions:
- Who Can Be Punished?
- Public servants (government officials, law enforcement, etc.).
- Superintendents/Managers of prisons, remand homes, or shelters.
- Employers in positions of power over their subordinates.
- Doctors, teachers, or caretakers of vulnerable individuals.
- Punishment:
- Imprisonment: Up to 10 years.
- Fine: Court may impose monetary penalties.
- Consent Does Not Matter:
- Even if the woman appears to consent, if the act happens due to coercion, misuse of power, or undue influence, it is punishable.
Illustrations
Example 1: A Jail Superintendent Exploiting an Inmate
A female inmate in a prison is coerced into sexual intercourse by the jail superintendent under the threat of punishment. The officer misuses his authority, making him liable under Section 68 BNS for up to 10 years of imprisonment and a fine.
Example 2: A Teacher Exploiting a Student
A college professor offers a higher grade in exchange for sexual favors. Even if the student agrees out of fear or pressure, it qualifies as an abuse of power, making the professor criminally liable.
Common Questions & Answers
1. Does this law apply only to government officials?
No. Any person in a position of authority—whether in government or private institutions—can be punished if they exploit their power for sexual relations.
2. Can an employer be punished under this section?
Yes. If an employer coerces an employee into sexual intercourse by threatening job loss, salary deduction, or other repercussions, they can be prosecuted.
3. Does the woman need to prove physical resistance?
No. If it is proven that the man misused his position of power, even without physical force, it is an offense.
4. Can a police officer be booked under this law?
Yes. If a police officer exploits a victim in their custody for sexual favors, they can be punished under Section 68 BNS.
Conclusion
Section 68 of BNS protects women from exploitation by individuals in positions of power. It ensures that public servants, teachers, employers, jail authorities, and caretakers do not misuse their authority for sexual advantages.
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