Sexual intercourse by a person in authority

What this section does

Punishes persons in positions of authority, fiduciary relationships, public service, custodial management, or hospital management/staff who abuse their position to induce or seduce a woman in their custody, charge, or on their premises to have sexual intercourse, where such intercourse does not amount to rape.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Rigorous imprisonment of either description not less than 5 years, extendable to 10 years, and fine.

Triable by

Sessions Court

Cognizable

Yes

Bailable

No

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused falls within one of the specified categories: person in authority/fiduciary relationship, public servant, superintendent/manager of jail/remand home/women's or children's institution, or hospital management/staff
2. The accused abused such position or relationship
3. The abuse was used to induce or seduce a woman in his custody, charge, or present on the premises
4. Sexual intercourse (as defined in section 63(a)–(d)) took place
5. Such intercourse does not amount to rape

Derived from IPC s.376C.