Section 68 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 68 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminalizes the abuse of authority or fiduciary relationships to induce or seduce a woman into sexual intercourse that does not amount to rape. This provision aims to protect individuals in vulnerable positions from exploitation by those in power.
Key Provisions of Section 68
Offenders Covered: The section applies to individuals who are:
In a position of authority or in a fiduciary relationship;
Public servants;
Superintendents or managers of jails, remand homes, or other places of custody established by or under any law for the time being in force, or a women’s or children’s institution;
On the management of a hospital or being on the staff of a hospital.(
Offense Description: These individuals abuse their position or fiduciary relationship to induce or seduce any woman either in their custody, under their charge, or present in the premises to have sexual intercourse with them. The sexual intercourse must not amount to the offense of rape
Punishment: The offender shall be punished with rigorous imprisonment for a term which shall not be less than five years but may extend to ten years, and shall also be liable to fine.
Explanations
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.
This provision is designed to safeguard individuals from sexual exploitation by those in positions of power or trust, ensuring that consent obtained through abuse of authority is not deemed valid.
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