Legal Provisions of Section 376D of Indian Penal Code, 1860.
Intercourse by any member of the management or staff of a hospital with any woman in that hospital:
This section, added in the Code by the Criminal Law (Amendment) Act, 1983, makes sexual intercourse by any member of the management or staff of a hospital with any woman in that hospital a punishable offence. It says that whoever, being either on the management of a hospital or on its staff, takes advantage of his position and has sexual intercourse with any woman in that hospital, 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.
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ADVERTISEMENTS:
The explanation attached to the section states that the expression ‘hospital’ shall mean the same thing as stated under the third explanation of section 376 (2), that is to say, that it means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation. The offender under this section must be on the management or on the staff of a hospital. He must take advantage of his position and must have sexual intercourse with any woman in that hospital. Such sexual intercourse must not amount to rape.
The offence under this section is cognizable and bailable, and is triable by court of session.
Of Unnatural Offences
ADVERTISEMENTS:
This part of the offences affecting human body deals with unnatural offences and there is only one section, section 377, in it. This section is related to sex offences against the order of nature.