IPC · Indian Penal Code, 1860

Section 376C IPC

Sexual intercourse by person in authority

Offence

Whoever, being, in a position of authority or in a fiduciary relationship; or
a public servant; or
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
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,

Punishment

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 fine1.
Explanations
In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
For the purposes of this section, Explanation 1 to section 375 shall also be applicable.
“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.
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.

Punishment summary

  • Imprisonment: a term which shall not be less than 5 years.

FAQ — Section 376C IPC

Section 376C of the Indian Penal Code, 1860 (IPC) deals with “Sexual intercourse by person in authority”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

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 fine1. Explanations In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375. For the purposes of this section, Explanation 1 to section 375 shall also be applicable. “Superintendent”, in relation to a jail, remand home or other place of custody or a women’s or chil

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.