Intercourse by superintendent of jail, remand home, etc
Section 376C of the Indian Penal Code, 1860 deals with intercourse by superintendent of jail, remand home, etc. Whoever, being the 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 of a women's or children's institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand h The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever, being the 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 of a women's or children's institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
Explanation 1.-"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 he can exercise any authority or control over its inmates.
Explanation 2.-The expression "women's or children's institution" shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.
Section 376C, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 68 Sexual intercourse by a person in authority Close, with changes 63%
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 The repealed enactment still governs what happened while it was in force.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
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Chander Parkash vs State of Haryana
Court's Decision & Legal Precedent
When key prosecution witnesses in a serious criminal case have already been examined and have not supported the prosecution case, and the trial is stalled due to procedural reasons (such as medical leave of a medical expert), bail may be granted to the accused as there is no apprehension of witness tampering and continued detention serves no useful purpose, provided appropriate bail conditions are imposed to prevent tampering with evidence and ensure the accused's appearance in trial.
On this section: Punishment for rape - cited as one of the charges against the accused
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded: Provided that when the inquiry or trial relates to an offence under Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA or Section 376DB of the Indian Penal Code (45 of 1860), the inquiry or trial shall be completed within a period of two months from the date of filing of the charge sheet. (2) If the Court after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable …
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… day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded: Provided that when the inquiry or trial relates to an offence under Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA or Section 376DB of the Indian Penal Code (45 of 1860), the inquiry or trial shall be completed within a period of two months from the date of filing of the charge sheet. (2) If the Court after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable …
Questions about Section 376C
What have the courts held on Section 376C of the Indian Penal Code?
Chander Parkash vs State of Haryana (20 Apr 2019) is the leading judgment on this section among those set out below: Punishment for rape - cited as one of the charges against the accused.
How do I find court cases under Section 376C of the Indian Penal Code?
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: IPC 376C, section 376C IPC, section 376C of the Indian Penal Code. People searching for it also type 376c ipc in bns and 376c ipc punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Chander Parkash vs State of Haryana (20 Apr 2019).
What should I read with Section 376C of the Indian Penal Code, and has it changed?
Its own text turns on section 376 (Punishment for rape), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 68 (Sexual intercourse by a person in authority), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 376C of the Indian Penal Code come into force?
Section 376C of the Indian Penal Code, cited as IPC 376C, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.