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Report No. 135 3.3. Custodial Sexual abuse.- The second important amendment made in the Penal Code in 1983 (so far as is material for the present purpose) was the insertion of sections 376B, 376C and 376D to deal with custodial sexual abuse, not amounting to rape. These sections (omitting certain definitions given in sections 376C and 376D) are quoted below:- "376B. Intercourse by public servant with woman in his custody.- Whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse, not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. 376C. Intercourse by Superintendent of jail, remand home etc.- Whoever, being the superintendent or manager of jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institutions takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. 376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital.- Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse, not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine."    |
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