Sexual intercourse by a person in authority
Section 68 of the Bharatiya Nyaya Sanhita, 2023 deals with sexual intercourse by a person in authority. Whoever, being--- (a) in a position of authority or in a fiduciary relationship; The Act came into force on 01 Jul 2024.
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.
Section 68, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 376B Intercourse by public servant with woman in his custody Distant match 55%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 4
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Sexual intercourse by a person in authority, etc. | Rigorous imprisonment for not less than 5 years, but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Questions about Section 68
What does Section 68 of the Bharatiya Nyaya Sanhita deal with?
Section 68 of the Bharatiya Nyaya Sanhita is headed "Sexual intercourse by a person in authority". Whoever, being--- (a) in a position of authority or in a fiduciary relationship;
Is Section 68 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 68 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 68 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 68, section 68 BNS, section 68 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 68 69 and bns 68 malayalam. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 68 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on section 63 (Rape), section 64 (Punishment for rape), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. It carries forward IPC 376B (Intercourse by public servant with woman in his custody), so the judgments decided under that provision are the case law on this one.
When did Section 68 of the Bharatiya Nyaya Sanhita come into force?
Section 68 of the Bharatiya Nyaya Sanhita, cited as BNS 68, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.