BNS Section 68: Sexual Intercourse by a Person in Authority
Section 68 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of sexual intercourse committed by individuals in positions of authority, such as superiors, guardians, or persons with influence over the victim. The provision focuses on protecting vulnerable individuals from abuse of power.
Definition of BNS Section 68
Section 68 of BNS 2023 States:
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 and Illustration of Section 68 (Bharatiya Nyaya Sanhita, 2023)
- Explanation 1: In this section, the term 'sexual intercourse' refers to any of the acts outlined in clauses (a) to (d) of Section 63.
- Explanation 2: For the purposes of this section, Explanation 1 of Section 63 shall also apply.
- Explanation 3: The term 'Superintendent,' in reference to a jail, remand home, or other place of custody, or a women’s or children’s institution, includes any person holding a position within such facilities that grants them the authority or control over its inmates.
- Explanation 4: The terms 'hospital' and 'women’s or children’s institution' shall have the same meanings as defined in clauses (b) and (d) of the Explanation to sub-section (2) of Section 64.
For better understanding lets see an example
Imagine a doctor working at a hospital, responsible for the care of patients. He is in a position of authority and trust. A woman under his care, who is recovering from surgery, is emotionally vulnerable. The doctor abuses his position to seduce her into having sexual intercourse, convincing her that it is necessary for her recovery.
Since the act does not meet the criteria of rape but still involves abuse of authority, the doctor would be punished with rigorous imprisonment for 5 to 10 years, along with a fine.
Key Points of BNS - 68
Section 68 criminalises the abuse of authority or fiduciary relationships to coerce a woman into sexual intercourse, not amounting to rape.
1. Who it applies to: Individuals in positions of authority, public servants, custodial managers, and hospital staff.
2. Offense details: The offender uses their position to induce or seduce a woman under their care or custody into sexual intercourse.
3. Punishment: 5-10 years rigorous imprisonment and a fine.
4. Key terms:
Differences Between Section 68 of BNS 2023 and its equivalent IPC Section
This section outlines the key differences between Section 68 and its equivalent Indian penal code IPC section 376C focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 68 | Sexual intercourse by a person in authority. | 376C | No change. |
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FAQs about Section 68 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 68 of the BNS?
Section 68 of the Bharatiya Nyaya Sanhita addresses the offense of sexual intercourse by individuals in positions of authority, such as superiors or guardians. It criminalises abuse of power to exploit individuals under their care, supervision, or influence.
What is the objective of Section 68?
The section aims to protect individuals from exploitation by those in positions of authority, ensuring accountability for misuse of power in hierarchical or trust-based relationships, and safeguarding the dignity and autonomy of victims.
Who is considered a person in authority under Section 68?
A person in authority includes superiors, teachers, guardians, employers, or anyone with significant influence over the victim’s circumstances, especially in contexts such as work, education, or caregiving.
What constitutes an offense under Section 68?
Any sexual intercourse initiated by exploiting a position of authority, coercing, or manipulating a subordinate or dependent individual, constitutes an offense under this section, regardless of the victim’s apparent consent.
What is the punishment under Section 68?
Section 68 prescribes rigorous imprisonment, a fine, or both for offenders. The severity of the punishment depends on the circumstances of the offense and the degree of harm caused to the victim.
Does consent matter under Section 68?
Consent obtained through coercion, manipulation, or abuse of authority is considered invalid under Section 68. The law recognizes that power dynamics can undermine genuine consent.
How does Section 68 protect vulnerable individuals?
The provision provides legal recourse for victims who are unable to resist or speak out due to fear, dependence, or manipulation by persons in authority, ensuring they are protected from exploitation.
