Sexual intercourse by person in authority 1
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Summary
An authority figure or person in a fiduciary relationship, including a public servant, superintendent or manager of a jail, remand home, women’s or children’s institution, or hospital staff, who uses that power to induce or seduce a woman in his custody, charge, or on the premises to have sexual intercourse, where the act is not rape, commits an offence. The punishment is rigorous imprisonment for at least five years and up to ten years, and a fine.
Example
Karan is superintendent of a remand home where Meera is an inmate. He promises better treatment and seduces her into sexual intercourse, and the act does not amount to rape. Karan can be punished with rigorous imprisonment for five to ten years and a fine.
Bare Act
Enacted textWhoever, being—
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(a) in a position of authority or in a fiduciary relationship; or
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(b) a public servant; or
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(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
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(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 5 years, but which may extend to ten years, and shall also be liable to fine.
Explanations
(1) In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
(2) For the purposes of this section, Explanation I to section 375 shall also be applicable.
(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.
(4) 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.
1 Criminal Law (Amendment) Act, 2013
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