This section only applies if physical force was used.

It applies even without force—if the person used their authority or a trusted relationship to pressure or convince the woman, that's enough.

If the woman appeared to agree, there's no crime.

The law recognizes that 'agreement' obtained through abuse of power isn't the same as free consent, so it can still be a crime under this section.

Bharatiya Nyaya Sanhita, 2023

Section 68

Sexual intercourse by a person in authority

Whoever, being—§

(a) in a position of authority or in a fiduciary relationship; or§

(b) a public servant; or§

(c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women’s or children’s institution; or§

(d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.§

Explanation 1.— In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 63. Explanation 2.— For the purposes of this section, Explanation 1 to section 63 shall also be applicable. Explanation 3.— “Superintendent”, in relation to a jail, remand home or other place of custody or a women’s or children’s institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates. Explanation 4.—The expressions “hospital” and “women’s or children’s institution” shall respectively have the same meanings as in clauses (b) and (d) of the Explanation to sub-section (2) of section 64.§

Why this exists

This provision recognizes that people in positions of power—jailers, doctors, government officials—can exploit the vulnerability and dependency of women under their control without using overt force or threats that would qualify as rape. Historically, such abuses of authority (e.g., custodial or institutional exploitation) were prosecuted under India's earlier IPC Section 376C, added after public outcry over custodial sexual abuse cases. The law closes a gap where consent may appear present but is actually coerced by unequal power dynamics.

Common misconceptions

Myth: This section only applies if physical force was used.
Fact: It applies even without force—if the person used their authority or a trusted relationship to pressure or convince the woman, that's enough.
Myth: If the woman appeared to agree, there's no crime.
Fact: The law recognizes that 'agreement' obtained through abuse of power isn't the same as free consent, so it can still be a crime under this section.