Section 68 of BNS 2023: Penalties for Abuse of Authority in Inducing Sexual Intercourse

Overview

Section 68 of BNS 2023 addresses the abuse of positions of authority or fiduciary relationships to induce or seduce women into sexual intercourse that does not amount to rape. This section ensures that individuals in positions of power are held accountable for exploiting their authority for sexual purposes.

Punishment

• Rigorous Imprisonment: Not less than five years, extendable to ten years.
• Fine: Additional financial penalties may be imposed.

Key Elements

1. Positions of Authority or Fiduciary Relationships:
   • Individuals in positions of authority or fiduciary relationships, such as:
     • Public servants
     • Superintendents or managers of jails, remand homes, or other places of custody
     • Managers or staff of hospitals
     • Any person in a position of authority or fiduciary relationship
2. Abuse of Position:
   • Using their position or relationship to induce or seduce any woman in their custody, charge, or present in the premises to have sexual intercourse.
3. Definition of Sexual Intercourse:
   • Includes any of the acts mentioned in clauses (a) to (d) of Section 63:
     • Penetration of the penis into the vagina, mouth, urethra, or anus.
     • Insertion of any object or body part, other than the penis, into the vagina, urethra, or anus.
     • Manipulation of any body part causing penetration.
     • Oral contact with the vagina, anus, or urethra.

Explanations

• Explanation 1: The term "sexual intercourse" includes acts mentioned in clauses (a) to (d) of Section 63.
• Explanation 2: The definition of "vagina" includes the labia majora as per Section 63.
• Explanation 3: The term "superintendent" includes any person with authority or control over inmates.
• Explanation 4: The terms "hospital" and "women’s or children’s institution" have the same meanings as in Section 64.

Legislative Intent

The legislative intent behind Section 68 of BNS 2023 is to prevent the exploitation of women by individuals in positions of power. By defining clear penalties for such abuses, the law aims to deter misconduct and protect the rights and dignity of women.

Conclusion

Section 68 of BNS 2023 is crucial for addressing the abuse of authority in inducing sexual intercourse. By imposing stringent penalties, the section promotes accountability and justice, ensuring that those in positions of power cannot exploit their authority for sexual purposes.