Section 376-D of the Indian Penal Code, 1860:
“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.
Explanation:
The expression “hospital” shall have the same meaning as in Explanation 3 to sub-section (2) of Section 376″. (Section 376-D).
ADVERTISEMENTS:
This group of sections comprising Sections 376-B, 376-C and 376-D creates a new offence known as Sexual offence not amounting to rape. This offence is committed by those persons who happen to occupy a post of power in the enumerated institutions and they take undue advantage of their position and obtain the consent of the victim by inducing or seducing her for the said act.
These things being common, Section 376-B will apply where the accused is a public servant and the victim is in his custody as such public servant or any other public servant subordinate to him. This section may sometimes be confused with Section 376(2)(b).
The difference is obvious. Under Section 376(2)(b) the act of the public servant must fall within one or more of the six clauses enumerated under Section 375; but Section 376-B presumes the absence of any of the circumstances contemplated by Section 375 and this presumption becomes clear when the words and phrases “such sexual intercourse not amounting to the offence of rape” are looked into.
The elements of force, fraud etc. under Section 375 have been replaced by inducement and seduction under Section 376-B.