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


Description

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.

1 Criminal Law (Amendment) Act, 2013


Applicable Offences

Sexual intercourse by a person in authority

Punishment - Rigorous Imprisonment for 5 to 10 years + Fine

This is a Non-bailable, Cognizable offence and triable by Court of Session

This offence is NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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