What is Section 376C IPC? Sexual intercourse by a person in authority
Published on: Lawiz Team
Learn about Section 376C IPC: Sexual intercourse by a person in authority
Official Legal Text
Whoever, being—
(a) in a position of authority or in a fiduciary relationship; or
(b) a public servant; or
(c) 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 of a women's or children's institution; or
(d) 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 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 may extend to five years, and shall also be liable to fine.
Explanation: In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
What This IPC Section Means – Explained in Simple Words
Section 376C punishes anyone who abuses their position of authority to obtain sexual intercourse with someone under their care or authority.
Purpose
To prevent those in positions of power from exploiting individuals under their control or supervision.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment not less than 5 years, which may extend to 10 years, and fine.
Key Elements
1. The accused must be in a position of authority. 2. They must use their authority to obtain sexual intercourse. 3. The victim must be under their care, custody, or control.
Punishment Details
Rigorous imprisonment of up to five years, and a fine.
Illustrative Example
If a jail warden coerces a female inmate into sexual acts using his authority, it is an offence under Section 376C.
Legal Defenses
If the accused can prove that the act was consensual without any misuse of authority, they may be acquitted.
Related Sections
Related to Section 376 (Punishment for rape) and Section 354 (Outraging modesty).
FAQs
Who are persons in authority under Section 376C IPC?
Police officers, public servants, hospital authorities, etc.
What is the offence under Section 376C IPC?
Sexual intercourse by abusing official position without valid consent.
Punishment for Section 376C IPC?
Imprisonment 5-10 years and fine.
Example situation?
Jailer forcing an inmate into sexual relations.
Court jurisdiction?
Sessions Court.
Is it cognizable?
Yes, cognizable and non-bailable.
Available defence?
Absence of misuse of position must be proved.