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SECTION 376C IPC - Indian Penal Code - Sexual intercourse by person in authority [1]


Last Updated: 01 Dec, 2023
By Advocate Chikirsha Mohanty


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Table of Contents

  1. Description of IPC Section 376C
  2. IPC 376C in Simple Words
  3. IPC Section 376C related FAQs

Description of IPC Section 376C

According to section 376C of Indian penal code, Whoever, being—

  1. in a position of authority 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 fine.



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.



IPC 376C in Simple Words

According to section 376C of the Indian Penal Code, anyone in a position of authority or trust, such as a public servant, hospital staff, or jail manager, who abuses their position to induce a woman in their custody or charge to have sexual intercourse with them, can be punished with imprisonment of five to ten years and may also be liable to pay a fine.

Offence : Sexual intercourse by a person in authority


Punishment : Rigorous Imprisonment for 5 to 10 years + Fine


Cognizance : Cognizable


Bail : Non-bailable


Triable : Court of Session





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FAQ's on IPC Section 376C


What offence is defined under IPC 376C?

IPC 376C Offence: Sexual intercourse by a person in authority.


What is the punishment for IPC 376C Case?

The punishment for IPC 376C is Rigorous Imprisonment for 5 to 10 years + Fine.


Is IPC 376C cognizable offence or non-cognizable offence?

IPC 376C is a Cognizable.


How to file/defend your case for IPC 376C offence?

Use LawRato for filing/defending your case under IPC 376C with the help of best criminal lawyers near you.


Is IPC 376C bailable or non-bailable offence?

IPC 376C is a Non-bailable offence.


In what court can IPC 376C be tried?

IPC 376C is tried in the court of Court of Session.


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