Legal Provisions of Section 376C of Indian Penal Code, 1860.
Intercourse by superintendent of jail, remand home, etc:
This section, added in the Code by the Criminal Law (Amendment) Act, 1983 makes sexual intercourse by a superintendent etc. of a jail, remand home etc. under certain circumstances, a punishable offence. It states that whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law which is in force for the time being or of a women’s or children’s institution takes advantage of his official position and induces or seduces any woman inmate of such jail, remand home, place or institution to have sexual intercourse with him, and such sexual intercourse does not amount to rape, shall be punished with simple or rigorous imprisonment for a term extending up to five years and shall also be liable to fine. Two explanations have also been attached to the section according to the first of which superintendent in relation to a jail, remand home or other place of custody or a women’s or children’s institution includes a person who holds any other office in such above-named institution or place by virtue of which he can exercise any authority or control over its inmates.
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The second explanation states that the expression ‘women’s or children’s institution’ shall mean the same thing as stated under the second explanation to section 376 (2), that is to say, it means an institution which is established and maintained for the reception and care of women and children whether known by the name orphanage, or a home for neglected women or children, or a widows’ home, or by any other name.
The offender under this section must be the superintendent or manager of a jail, remand home or other place of custody established by or under any existing law or of a women’s or children’s institution. He must take advantage of his official position and must either induce or seduce any woman inmate of such above-named place or institution to have sexual intercourse with him. Such sexual intercourse must not amount to rape.
The offence under this section is cognizable and bailable, and is triable by court of session.