The IPC seems to be determined to prevent punishments to all rapists. Women cannot commit sexual offences, Marital rape does not exist, forced anal or oral penetration is not acknowledged as rape (so as not to "confuse the public) and now public servants can squeam away with a lesser punishment than normal rapists. Although the clause 'sexual intercourse not amounting to rape' is used, it does not take a very proficient lawyer to get his client a lesser charge.
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.]
Although it seems to be pretty fair, here are some questions
1) Why have a seperate section for public servants at all?
2) If someone 'induces or seduces' any woman, doesn't that mean that the man has gotten her consent? Why should normal sex be punished? Isn't this rule unnecessary and coined only to let the public servant off easy.
3) If this is not the case, then it is more startling that the government sees fit to punish normal sex by a public servant
There are two more similiar sub-sections
376C. Intercourse by superintendent of jail, remand home, etc
Whoever, being the 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 of a woman's or children's institution 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.
167[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 hem. 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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