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Section 376C of Indian Penal Code, 1860 – Explained!

January 26, 2019 0 Comment

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.

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The offence under this section is cognizable and bailable, and is triable by court of session.

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