Sexual Intercourse by Person in Authority - Section 376C

Explanation 2. For the purposes of this section, Explanation 1 to section 375 shall also be applicable which states that the meaning of the word vagina also includes labia majora.

Explanation 3. "Superintendent", of jail, or a remand home or of a women's or children's institution, is a person holding an office in that jail, remand home, institution by virtue of which he exercises his authority to control the persons inside the premises.

Explanation 4. The expressions "hospital" and "women's or children's institution" shall respectively have the same meaning as in Explanation to sub-section (2) of section 376.

The major difference between section 376 c and 376 is consent. Under s/c 376, consent is not given by the victim whereas under s/c 376c consent is given by the women. As the accused/offender is in a higher position and holds superiority in power, a female is victimized and she is unable to raise her voice and she is likely to allow such gross acts by superiors in hospitals, children institutions, jails, etc. such males are under strict liability to get punished and he shall be responsible for this act no matter what the situation might be. He cannot evade or get acquitted of the offence as he is strictly liable under section 376c Indian Penal Code. According to section 154 (1), if the information is given to the police for a cognizable offence punishable under section 376(c), then the information must be recorded by a woman police officer or any woman officer and in addition to this, if the victim is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the house of the person who wishes to report the offence or at any other place of the choice of the person in the presence of an interpreter or a special educator and the recording must be video graphed and the officer shall get a statement of the person which is to be recorded by the judicial magistrate. It is the duty of the magistrate to record the statement as soon as he gets information of the commission of such an offence. According to section 146 of the Indian evidence act, questions such as the immoral character of the victim or previous sexual activity, cannot be asked to the victim to decide the factor of consent during cross-examination.

Is IPC 376c bailable?

Kanooni Dhara 376(c) is a non-bailable offence. It means that it's the discretion of the court to grant bail or no to the bad person. it's not a matter of right.

What is the punishment for IPC 376c Case?

If a person is convicted under section 376(c) for forcibly inducing/enticing a female to have sexual intercourse, by using his authority, he shall be liable for imprisonment not less than 5 years and it may get extended to 10 years and he will also be liable to pay fine.

Is IPC 376c a cognizable offence or a non-cognizable offence?

Section 376c IPC is a cognizable offence. Just in case of a non-cognizable offence, the police cannot arrest the suspect while not a warrant additionally as cannot begin associate investigation while not the permission of the court.

How to file/defend your case for IPC 376c offence?

There are two choices offered to file a case below section 376(A) IPC as under:

Give an application orally or in writing to an official in the police station u/s 337 to register an FIR. You'll be able to visit any nearest police headquarters

irrespective of the jurisdiction and find a zero FIR registered.

1. Any such individual, who by the police officer in charge, has been refused the right to an FIR can send the substance of such information, in writing and by post, to the superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offense, shall either investigate the case himself or direct an investigation to be made by any policeman subordinate to him, within the manner provided by this Code, and such officer shall have all the powers of a politician responsible of the police station in relation to that offense.

2. A grievance will be submitted to the official orally or in writing below section 200 of the CrPC. once the submission of a grievance, the official can conduct a hearing, deciding upon the problem of cognizance. during this channel, the informant and the witnesses can be examined on oath before the official.

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Any famous judgment w.r.t. IPC 376c if any?

Malta Michara Gavit v/s State of Maharashtra 2010 SCC OnLine Bom 1879 : (2011) 1 AIR Bom R 395:

 The girl was below 16 yrs age and she was an inmate of the ashram school and the accused was the manager of the school. He would call the girl to his house to do household chores and cook food for the family while his wife was in the hospital. He induced her to have sexual intercourse even though she resisted by verbally saying no to do the act and blackmailed her not to tell anyone about this incident else he would fail her in the exams. The court held: ‘’due to the custodial charge of the inmate, and in view of the influence of the Manager or inducement made by him, the act of consent of the female inmate is of no avail by way of defense. It is needless to say, therefore, that question of the age of the prosecutrix and her consent to the sexual intercourse would become immaterial if it is proved that the appellant induced or seduced her to have sexual intercourse with him, during the period she was an inmate of the hostel of the Ashram School. Considering the totality of the circumstances and the evidence placed on record, it will have to be said that all the ingredients of the charge for offence punishable under section 376-C of the I.P. Code are duly established in the present case.’’

The author of this beautiful blog is Ms. Rashi Sheth LLB Third Year Student from Jitendra Chauhan College of law