SECTION 376C

Heading of the Section: Sexual intercourse by person in authority

Overview: This section was added in the Indian Penal Code by the Criminal Law (Amendment) Act, 2013. This acts also talk about the offence of rape when done by specific persons like persons with in authority etc.

Scope of this section: This sections covers various persons like person have a position of authority or in a fiduciary relationship, a public servant, a superintendent or manager of a jail, a person in the management of a hospital or being on the staff of a hospital.

1.   Position of Authority or in a fiduciary relationship

2.   Public Servant

3.   Superintendent or manager of a jail or a women’s or children’s institution, when remands a home or any other place where he has custody by law for the time being in force

4.   Management of a hospital or being on the staff of a hospital, when abuses such position or fiduciary relationship and induces or seduces any women who is either in the custody or under his charge or present in premises, to have sexual intercourse with him.

Punishment for Rape under 376C: This section says that if person who are listed above if does any act of seduction so that the women does sexual intercourse with him, and such sexual intercourse is not amounting to the offence of rape, shall be punishable with rigorous imprisonment of either a description for a term which shall not be less than five (5) years, and may get extended to ten (10) years, and shall also be liable to fine.

Classification of the Offence under Schedule 1 Cr.P.C.