A Sub-Inspector promise the sister of B that he would save B from prosecution if she gives her consent for sexual intercourse. She consents and he has sexual intercourse.

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Answer:

The Sub Inspector is liable for inducing B’s sister to have sexual intercourse with him as per Sec. 376 C of the I.P.C.

 

According to Sec. 376 C, whoever in a position of authority or in a fiduciary relationship or a public servant, 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 rape, such person shall be punished with rigorous imprisonment  for a term not less than 5 years but which may extend to 10 years and also liable to fine.

 

In the given problem, the sub Inspector is a public servant and he has induced B’s sister who was in his custody that he would save B from prosecution if she gives her consent for having sexual intercourse with him thereby inducing her to have sexual intercourse with him and it does not amount to rape u/s 375 IPC.

 

But the Sub Inspector, being a public servant, is punishable under Sec. 376C of the  Indian Penal Code as per amendment 2013, for rigorous imprisonment of 5 years extending to 10 years and fine.

Last Updated On January 30, 2018
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