Section 68 BNS: Sexual Intercourse by a Person in Authority
Section 68 of the Bharatiya Nyaya Sanhita, 2023 applies where a person in authority, a fiduciary position, public service, custodial management, or hospital management or staff abuses that position to induce or seduce a woman in custody, under charge, or present on the premises to have sexual intercourse with him, where the act does not amount to rape.
Who can be covered by Section 68 BNS?
| Category | Statutory description |
|---|---|
| Authority or fiduciary role | A person in a position of authority or in a fiduciary relationship. |
| Public servant | A public servant who abuses that position. |
| Custodial institution | A superintendent or manager of a jail, remand home, other place of custody, or a women's or children's institution. |
| Hospital | A person on the management or staff of a hospital. |
Text of Section 68, Bharatiya Nyaya Sanhita, 2023
68. Sexual intercourse by a person in authority.
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 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 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 five years, but which may extend to ten years, and shall also be liable to fine.
Explanation 1.—In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 63.
Explanation 2.—For the purposes of this section, Explanation 1 to section 63 shall also be applicable.
Explanation 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.
Explanation 4.—The expressions "hospital" and "women's or children's institution" shall respectively have the same meanings as in clauses (b) and (d) of the Explanation to sub-section (2) of section 64.
Essential ingredients of Section 68 BNS
The provision requires a specified relationship or position of authority, an abuse of that position or fiduciary relationship, inducement or seduction of a woman who is in custody, under charge, or present on the premises, and sexual intercourse that does not amount to rape.
Why the phrase "not amounting to rape" matters
Section 68 is framed as a separate offence for abuse of authority where the sexual intercourse does not amount to rape. If the facts satisfy the statutory definition of rape under Section 63, the applicable rape provisions must be considered instead. The classification depends on the facts and evidence of the particular case.
Punishment under Section 68 BNS
The punishment is rigorous imprisonment of either description for a term of not less than five years and up to ten years, together with fine.
Definitions imported from Sections 63 and 64
Explanation 1 incorporates the acts mentioned in clauses (a) to (d) of Section 63. Explanation 2 applies Explanation 1 to Section 63. Explanation 3 gives an extended meaning to "superintendent". Explanation 4 imports the meanings of "hospital" and "women's or children's institution" from the Explanation to Section 64(2).
Related BNS provisions
Related provisions include Section 63 on rape, Section 64 on punishment for rape, Section 67 on sexual intercourse by a husband during separation, Section 69 on sexual intercourse by deceitful means, and Section 70 on gang rape.
Official legal references
For the authoritative statutory text, refer to the India Code database. The Ministry of Home Affairs New Criminal Laws page provides official material relating to the BNS, BNSS and BSA and their commencement.
Note: This page reproduces and explains the statutory provision for general legal information. The applicable legal position in a particular matter may depend on the facts, date of occurrence, procedural provisions and binding judicial decisions.