Introduction of BNS 68
BNS 68 is a legal provision that targets the misuse of authority to engage in non-consensual sexual acts. This section specifically applies to individuals in positions of power, such as public servants, superintendents of institutions, or those managing hospitals, who abuse their authority to induce or seduce women into sexual acts that do not amount to rape. The law aims to protect vulnerable individuals from exploitation by those who hold power over them.
The Bharatiya Nyaya Sanhita (BNS) Section 68 replaces the old Indian Penal Code (IPC) Section 376C .
- Introduction of BNS 68
- What is section 68 of BNS ?
- BNS Section 68 in Simple Points
- Section 68 BNS Overview
- Section 68 BNS Punishment
- Section 68 BNS bailable or not ?
- Bharatiya Nyaya Sanhita Section 68
- BNS Section 68 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 68 of BNS ?
BNS 68 criminalizes the abuse of authority by individuals in power to engage in non-consensual sexual intercourse with women under their care or influence. The section mandates rigorous imprisonment of five to ten years and includes fines as a penalty for such acts. It ensures that those in positions of power cannot exploit their authority for sexual gain.
BNS Section 68 in Simple Points
BNSS Section 68 punishes individuals in positions of authority who misuse their power to exploit women under their care or control. Even if the act does not legally amount to rape, if it is done through coercion, pressure, or abuse of power, it is treated as a serious offence.
Abuse of Authority
This section specifically targets people who misuse their power or position to force or manipulate women into sexual acts. The law recognizes that consent obtained through authority or pressure is not real consent.
Applicability
It applies to public servants, jail or institution superintendents, hospital staff, and others in positions of authority who are expected to act responsibly but instead take advantage of their role.
Punishment
If convicted, the offender faces rigorous imprisonment of at least five years, which can extend up to ten years, depending on the seriousness of the case.
Fines
In addition to imprisonment, the offender must also pay a fine, making the punishment both penal and financial. This ensures extra accountability.
Protection of Vulnerable Individuals
The main purpose of Section 68 is to protect women in vulnerable situations, such as in hospitals, prisons, shelters, or institutions, ensuring that those entrusted with care cannot misuse their authority for exploitation.
Section 68 BNS Overview
BNS Section 68 deals with the misuse of authority by individuals in power who exploit their positions to engage in non-consensual sexual acts with women under their care or influence. This section aims to protect women from being taken advantage of by those in positions of trust, such as public servants, hospital staff, or superintendents of institutions.
BNS 68: 10 Key Points Explained
1. Scope of the Law
This section applies to people who hold official authority or control over women, including public servants, police officers, jail superintendents, hospital staff, teachers, and caretakers in women’s or children’s institutions. The law specifically recognizes that women in these settings are vulnerable and deserve strong legal protection.
2. Abuse of Authority
The central focus of this section is abuse of power. If someone uses their official authority or fiduciary position (where trust and care are expected) to exploit a woman, it becomes a punishable offence. For example, if a hospital doctor exploits a patient or a jail warden exploits a woman inmate, the law treats it as abuse of authority.
3. Non-Consensual Acts
The section makes it clear that even if the act does not fit the strict legal definition of rape, it can still be criminal. This is because “consent” obtained through fear, manipulation, or misuse of authority is not true consent. The law recognizes this as sexual exploitation, not a valid agreement.
4. Punishment – Imprisonment
The punishment for offenders is rigorous imprisonment for a minimum of 5 years, which may extend up to 10 years. This ensures that such crimes are taken very seriously and carry strong consequences.
5. Punishment – Fine
Along with imprisonment, the offender must also pay a fine. The fine serves both as an added punishment and as a deterrent against other authority figures who may consider misusing their power.
6. Explanation of Terms
To avoid loopholes, the law provides detailed definitions of important terms like “sexual intercourse,” “superintendent,” and “hospital.” This ensures that a wide range of exploitative situations are covered and offenders cannot escape due to vague wording.
7. Cognizable Offense
The offence is cognizable, meaning the police can register a case and arrest the accused without a warrant. This empowers law enforcement to act quickly and prevent further exploitation.
8. Non-Bailable Offense
The offence is non-bailable, which means the accused does not have an automatic right to bail. They must convince the court, and bail is usually denied in such serious matters, ensuring that victims remain safe and justice is not obstructed.
9. Triable by Court of Session
Cases under this section are tried in a Sessions Court, which handles serious criminal offences. This ensures that the matter is taken up by a court with the authority to deliver strict punishments.
10. Protection of Vulnerable Groups
The core objective of Section 68 is to protect women in vulnerable environments—such as hospitals, prisons, shelters, schools, or institutions—where they may be dependent on those in authority. It reinforces the principle that no person, regardless of position, is above the law, and that misuse of authority for sexual exploitation will be severely punished.
Section 68 BNS Punishment
Imprisonment: The offender is subject to rigorous imprisonment for a term of not less than five years, which may extend to ten years.
Fine: Along with imprisonment, the offender is also liable to pay a fine.
Section 68 BNS bailable or not ?
BNS Section 68 is non-bailable, meaning the accused cannot be released on bail as a matter of right.
Bharatiya Nyaya Sanhita Section 68
| Section | Offense | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | Triable by Court |
|---|---|---|---|---|---|
| 68 | Sexual intercourse by a person in authority | Rigorous imprisonment (5 to 10 years) and fine | Cognizable | Non-bailable | Court of Session |
BNS Section 68 FAQs
Who does BNS Section 68 apply to?
It applies to individuals in positions of authority, such as public servants, jail superintendents, and hospital staff.
What is the maximum punishment under this section?
The maximum punishment is ten years of rigorous imprisonment.
What is the minimum punishment under Section 68?
The minimum punishment is five years of rigorous imprisonment.
Is the offense bailable?
No, the offense is non-bailable, reflecting its seriousness.
Which court handles cases under Section 68?
The case is triable by a Court of Session.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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