Indian Penal Code, 1860

Section 376C

repealed

Sexual intercourse by person in authority

Whoever, being, in a position of authority or in a fiduciary relationship; or a public servant; or 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 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 fine1. Explanations In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375. For the purposes of this section, Explanation 1 to section 375 shall also be applicable. “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. 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.§

Why this exists

This section addresses situations where sexual intercourse is technically 'consented to' but that consent is compromised by a severe power imbalance, such as a jailer over an inmate, a doctor over a patient, or a boss over a subordinate, recognizing that true free consent is doubtful when one party controls the other's liberty, care, or wellbeing. It fills the gap between full consent and the coercive circumstances that would make an act rape under section 375, giving the law a middle category for abuse of authority. The Bharatiya Nyaya Sanhita, 2023 retains a similar provision on sexual intercourse by a person in authority.

How courts read it

Courts examine whether a genuine relationship of authority, custody, or fiduciary trust existed and whether the accused abused that specific position to induce or seduce the woman, distinguishing this from rape (which involves the more coercive circumstances in section 375) and from ordinary consensual relationships without such power imbalance.