IPC 376C vs BNS 376C
● Retained in BNSSexual intercourse by a person in authority
Section 376C of the Indian Penal Code, 1860, criminalizes sexual intercourse committed by a person in a position of authority with a woman in their care or custody. This includes teachers, police officers, employers, or any person in a supervisory role. The law acknowledges that abuse of power for sexual purposes constitutes a serious offence, even if the victim is not a minor.
Key points:
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Applies to persons in authority over women.
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Consent obtained under coercion or abuse of power is invalid.
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Punishment: Rigorous imprisonment of 5 to 10 years and fine.
For example, if a teacher coerces a female student into sexual intercourse, it is punishable under IPC 376C. The section emphasizes accountability of individuals in authority, safeguarding victims from sexual exploitation in hierarchical relationships.
Sexual intercourse by a person in authority
Section 376C of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 376C. It punishes anyone in a position of authority who abuses their power to commit sexual intercourse with a woman under their supervision.
Key points:
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Covers acts committed by teachers, police officers, employers, or guardians.
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Punishment remains rigorous imprisonment of 5–10 years and fine.
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Consent obtained under coercion, intimidation, or abuse of power is invalid.
For instance, a police officer coercing a woman in custody into sexual acts falls under BNS 376C. This provision ensures strict legal deterrence against sexual abuse by individuals in authority, maintaining the same protective measures as IPC 376C.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 376C to BNS BNS 376C.