Bharatiya Nyaya Sanhita: Section 68 – Sexual intercourse by a person in authority

Whoever, being—.

(a) in a position of authority or in a fiduciary relationship; or.

(b) a public servant; or.

(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.

(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 five years, but which may extend to ten years, and shall also be liable to fine..

Explanation 1.— In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 63..

Explanation 2.— For the purposes of this section, Explanation 1 to section 63 shall also be applicable..

Explanation 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..

Explanation 4.—The expressions “hospital” and “women’s or children’s institution” shall respectively have the same meanings as in clauses (b) and (d) of the Explanation to sub-section (2) of section 64.

Simplified Explanation

Section 68 of the Bharatiya Nyaya Sanhita (BNS) addresses situations where a person in a position of authority engages in sexual intercourse with someone under their influence or control. This provision criminalizes the abuse of power in cases where consent is obtained through misuse of authority, recognizing the coercive power dynamics that can undermine true consent.

Key Elements of Section 68

1. Applicability of Section 68
   • Section 68 applies when:
     • A person in a position of authority engages in sexual intercourse with an individual who is under their influence, care, or supervision.
     • The person in authority could be anyone in a powerful or influential role, such as an employer, teacher, law enforcement officer, medical professional, or any other figure who holds a position of control or trust over the other person.
   • This section recognizes that individuals under the influence of authority may feel compelled to consent out of fear, obligation, or pressure, making the consent invalid or coerced.
2. Positions of Authority Defined
   • Positions of authority under Section 68 include roles where one person has control, influence, or trust-based responsibility over another, such as:
     • Employers over employees.
     • Teachers or professors over students.
     • Medical professionals over patients.
     • Law enforcement or correctional officers over individuals in custody.
     • Any role where there is a clear power imbalance that could compromise voluntary consent.
3. Consent and Coercion
   • Section 68 emphasizes that consent obtained through misuse of authority is not valid consent.
   • When a person in authority uses their position to induce or pressure someone into sexual intercourse, it is treated as a criminal offense, as the consent is considered coerced rather than freely given.
4. Punishment for Offenses under Section 68
   • A person in authority who abuses their position to engage in sexual intercourse with an individual under their control may face imprisonment for up to five years, a fine, or both.
   • This punishment reflects the seriousness of exploiting authority for personal gain, especially in matters as sensitive as sexual relationships.
5. Examples of Offenses under Section 68
   • Example 1: A supervisor coerces an employee into a sexual relationship by threatening to terminate their job if they refuse. Under Section 68, the supervisor could be prosecuted for using their position of authority to obtain coerced consent.
   • Example 2: A teacher engages in sexual relations with a student by exploiting the trust and influence they hold over the student. This act can be penalized under Section 68 for misusing authority to undermine valid consent.
6. Purpose of Section 68
   • Section 68 aims to:
     • Protect vulnerable individuals from exploitation by those in authority.
     • Ensure that consent is freely given without any undue influence, pressure, or coercion.
     • Deter individuals in positions of power from abusing their authority for personal gratification, promoting integrity and ethical conduct within trust-based relationships.
7. Safeguarding Trust-Based Relationships
   • This section is particularly relevant in settings where individuals rely on the trust, guidance, or care of those in authority. It reinforces the principle that positions of power should not be used to exploit others.
   • Section 68 underscores the importance of maintaining professional boundaries and respecting the autonomy of those under one’s influence.

Importance of Section 68

Section 68 serves to uphold ethical standards in professional and trust-based relationships by criminalizing the misuse of authority for coercive sexual advances. By imposing penalties for such behavior, this provision aims to protect individuals from exploitation, ensuring that power dynamics are not abused for personal benefit.

In summary, Section 68 of the BNS criminalizes sexual intercourse by a person in authority with someone under their influence if consent is obtained through coercion or misuse of power, punishable by up to five years of imprisonment, a fine, or both. This section reinforces the importance of genuine consent and the ethical use of authority, helping to protect individuals in subordinate positions from exploitation.