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SECTION 376C IPC - Indian Penal Code - Sexual intercourse by person in authority [1]
Last Updated: 01 Feb, 2025
By Advocate Chikirsha Mohanty
Please refer to BNS 68 for updated procedures & punishments.
- in a position of authority or in a fiduciary relationship; or
- a public servant; or
- 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
- 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
- In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
- For the purposes of this section, Explanation 1 to section 375 shall also be applicable.
- “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.
- 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 | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Sexual intercourse by a person in authority | Rigorous Imprisonment for 5 to 10 years + Fine | Cognizable | Non-bailable | Court of Session |
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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Frequently Asked Questions
What is IPC 376c?
Punishment. Sexual relations with a person of authority Prison for up to 10 years with a heavy fine.
What is the IPC section for seduce?
Section 366A : This section was added to protect girls under 18 years of age from being seduced or forced into illicit sexual relations with another person. This act can be punished with a maximum of 10 years in prison and a fine.
What is the difference between IPC 375 and 376?
The Court stated if there is a consensual sexual relationship, it cannot be claimed that this would constitute rape as defined by S.375 of the IPC and punishable under S.376 of the IPC. 13 Mar 2023
What is the punishment for Section 376 511 IPC?
P.C. along with Sections 57 and 511 of the 376 IPC it is evident that a person who is accused of an offence under Section 501 of the 376 IPC is only eligible for imprisonment for ten years. In this case, if that is true, the petitioner has a right to statutory bail. 29 Aug 2020
