BNS Section 68 – Sexual Intercourse By A Person In Authority

BNS Section 68 addresses the grave crime of sexual intercourse by a person in authority. This section penalizes individuals who exploit their position of power, influence, or trust to coerce or induce a woman under their custody or charge into sexual relations. This provision is largely the equivalent of the repealed Section 376C of the Indian Penal Code (IPC). Its placement and revised wording in the Bharatiya Nyaya Sanhita (BNS) underscore a sharper focus on the power dynamic that vitiates consent.

Simplified Explanation of BNS Section 68

BNS Section 68 is designed to protect women who are inherently vulnerable due to an existing power imbalance with the perpetrator. The law targets specific individuals who abuse their influence to gain sexual access. The offense occurs when a person falling into any of the specified categories (authority, public service, custody management, or hospital staff) abuses that position to induce or seduce a woman in their charge or custody to have sexual intercourse. Crucially, the act is specifically defined as not amounting to the offense of rape. This means that while a form of "consent" might be present, it is considered involuntary or compromised because it was obtained through the abuse of authority or the breach of a fiduciary relationship. The law recognizes that consent given under duress or power imbalance is not truly free.

Categories of Offenders Covered:

• A person in a position of authority or fiduciary relationship (e.g., a religious leader, a counselor, or a financial advisor).
• A public servant (e.g., a government official, police officer).
• Superintendent or manager of a jail, remand home, or custody place.
• Staff in the management of a hospital.

Key Improvements and Changes: IPC to BNS

This table explains what BNS Section 68 covers and how it compares with the old IPC Section 376C. It clearly shows what remained the same (offense and punishment) and what changed, mainly in terms of section numbering and references.

Practical Examples Illustrating BNS Section 68

BNS Section 68 applies when a person misuses their professional or hierarchical power to exploit a subordinate or sexually:

• Hospital Staff: A male staff member of a hospital induces a female patient, who is under his care and emotionally dependent on him, to have sexual intercourse by threatening to withhold necessary medication.
• Public Servant/Police: A police officer or a government official misuses their power to coerce a woman seeking help with her case into a sexual relationship.
• Fiduciary Relationship: A religious guru or a spiritual leader abuses his position of trust and influence over a female follower to induce sexual relations.
• Custody/Correctional Home: The superintendent of a women's correctional home coerces one of the inmates into sexual intercourse by promising favors or threatening poor treatment.

Conclusion

BNS Section 68 deals with “Sexual Intercourse by a Person in Authority.” It punishes anyone who uses their position of power, control, or trust- such as a public servant, jail/custody official, hospital staff, or someone in a fiduciary role- to induce or pressure a woman under their charge into sexual intercourse. Even if she “agrees,” the law treats that consent as not truly free because it comes from an unequal power situation. This section is mostly the same as the earlier IPC Section 376C, with changes mainly in numbering and drafting. The offence remains cognizable and non-bailable, is tried by the Sessions Court, and carries rigorous imprisonment from 5 to 10 years plus a fine.

Disclaimer: This content is for general information only and does not constitute legal advice or create a lawyer–client relationship. For case-specific guidance, consult a qualified Criminal Lawyer (and contact local authorities immediately in emergencies).