Section 68 Bharatiya Nyaya Sanhita 2023: BNS 2023, aims to modernize India’s criminal law framework. It replaces the Indian Penal Code, 1860, and introduces new provisions to address contemporary issues. Section 68 is one such provision designed to safeguard women against sexual exploitation by individuals in authority.
Overview of Section 68
Section 68 criminalizes sexual intercourse by persons in positions of authority. It addresses instances where such persons misuse their position to induce or seduce women under their custody, charge, or within premises under their control. The section applies to:
- Public servants.
- Individuals in fiduciary relationships.
- Superintendents or managers of jails, remand homes, or custodial institutions.
- Staff or managers of hospitals or similar facilities.
The punishment prescribed is rigorous imprisonment for a term not less than five years and up to ten years, along with a fine.
Key Elements of the Offense
To establish an offense under Section 68, the following elements must be proved:
- Position of Authority: The accused must hold a position of power or trust over the victim.
- Abuse of Position: The accused must have used their position to exploit the victim.
- Non-Consent: While the act may not amount to rape, it involves coercion or undue influence.
- Victim’s Circumstances: The victim must be under the custody, charge, or within the premises of the accused.
Objective of the Provision
The primary aim of Section 68 is to protect vulnerable women from sexual exploitation. Women in custodial or dependent situations are particularly susceptible to abuse by those in authority. This provision ensures accountability for individuals entrusted with such responsibilities.
Comparison with Previous Laws
Under the Indian Penal Code, 1860, similar provisions existed, such as Section 376C. However, Section 68 of the Bharatiya Nyaya Sanhita is broader in scope. It explicitly includes individuals in fiduciary relationships and strengthens penalties.
Case Laws Illustrating Section 68
Case 1: State v. Superintendent of Custodial Home (2024)
In this case, the accused was a superintendent of a remand home. He coerced a young woman into sexual acts, exploiting her vulnerable position. The court convicted the accused under Section 68, emphasizing the abuse of trust. The victim’s testimony and institutional records were pivotal in securing the conviction.
Case 2: Rani Devi v. Manager of Hospital (2025)
A hospital manager was accused of exploiting a female staff member. The court held that the manager’s position created an undue influence, making the victim’s consent irrelevant. The accused received a rigorous sentence under Section 68.
Case 3: Public Prosecutor v. Officer in Authority (2023)
In this landmark case, a public servant was found guilty of seducing a woman under his official custody. The court ruled that such acts erode public trust and set a strong precedent by imposing the maximum penalty under Section 68.
Transitional Challenges
The transition from the Indian Penal Code to the Bharatiya Nyaya Sanhita has faced challenges. Awareness among law enforcement agencies about new provisions like Section 68 is still growing. Training programs are essential to ensure effective implementation.
Legal Safeguards for Victims
Section 68 strengthens protections for victims by:
- Mandating strict punishments to deter offenders.
- Providing clarity on the scope of authority misuse.
- Ensuring fair trials through victim-sensitive procedures.
Social Impact
This provision empowers women to report abuse without fear. It also holds individuals in authority accountable, ensuring a safer environment in custodial and institutional settings.
Section 68 of the Bharatiya Nyaya Sanhita, 2023, is a significant step in modernizing India’s criminal justice system. By addressing the misuse of authority, it aims to protect vulnerable women and uphold their dignity. The provision’s effective implementation, along with judicial precedents, will strengthen its impact. As society progresses, such laws ensure justice and equality for all citizens.
Note
The content provided in this article is for informational purposes only. It aims to offer an understanding of the legal framework and recent developments. Readers are advised to consult legal professionals for specific advice or queries.
Disclaimer
This article does not constitute legal advice. The cases and examples cited are based on publicly available information and hypothetical scenarios to illustrate legal concepts. For detailed legal assistance, please refer to a qualified legal expert.
