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State of Jammu-Kashmir - Section

Section 376C in Jammu and Kashmir Criminal Laws (Amendment) Act, 2013

376C. Sexual intercourse by a person in Authority. - Whoever, -

(a)being 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)being 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 term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean the remainder of natural life of the person 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 375.Explanation 2:- For the purposes of this section, Explanation 1 to section 375 shall also be applicable.Explanation 3:- "Superintendent", in relation to a jail, remain 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 meaning as in Explanation to subsection (2) of section 376.