Section 68 of the Bharatiya Nyaya Sanhita, 2023: Addressing Abuse of Authority in Sexual Interactions

The Bharatiya Nyaya Sanhita (BNS), which will take effect in 2023, would be a substantial reform in India’s criminal justice system. It will replace the Indian Penal Code, which was written during the colonial era. Among its progressive provisions, Section 68 handles explicitly circumstances in which individuals in positions of authority exploit their power to engage in sexual intercourse with women under their influence, even when such acts do not legally constitute rape. This section is one of the clauses that is considered to be progressive.

This is an understanding of Section 68.

Sexual intercourse that is carried out by individuals who abuse their authoritative or fiduciary positions in order to entice or seduce women who are under their care or influence is considered a criminal offense under Section 68. This includes the following:

Those who are in positions of authority or who are in relationships of trust and confidence.

Members of the public service.

The superintendents or managers of correctional facilities, such as jails, remand houses, or other types of institutions that house inmates, including those that house women or children.

People who are currently employed by hospitals or who are involved in its management.

If such individuals take use of their position to engage in sexual activity with a woman who is in their custody, charge, or who is present on the premises, and the act does not constitute rape, then they are subject to a punishment. In addition to a monetary fine, the specified punishment consists of undergoing rigorous incarceration for a period of time that is at least five years long and may extend up to ten years.

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Examples of Illustrative Scenarios

Take into consideration a scenario in which a hospital administrator, who possesses a large amount of influence within the organization, coerces a female patient into engaging in a sexual relationship by insinuating that her continued care is contingent upon her cooperation. Even if the act does not satisfy the legal definition of rape, the administrator’s misuse of power to seek sexual favors falls under the ambit of Section 68 and is penalized in accordance with the provisions of that section.

Implications and Significance from a Legal Perspective

Specifically, Section 68 emphasizes the significance of consent as well as the ethical duties that are placed on persons who hold positions of trust. The purpose of the law is to protect vulnerable individuals from being exploited in settings where power dynamics can be skewed. This is accomplished by making it a criminal offense to abuse authority for reasons of sexual advantage. Not only does this rule serve as a deterrent against the misuse of authority, but it also serves to reinforce the notion that agreement gained through pressure or undue influence is neither genuine nor acceptable.

The incorporation of Section 68 into the Bharatiya Nyaya Sanhita, 2023, demonstrates a dedication to protecting individuals from being sexually exploited by those who hold positions of authority. It recognizes the complexity of consent within relationships that are unequal in power and attempts to guarantee that authority is utilized in a responsible and ethical manner.