Legal Advice: What Action Will Be Taken If an Officer Takes a Woman to the Bedroom in Exchange for a Job

Such cases often arise, and many times the victim woman is held guilty of complicity in the crime, causing her complaint to go unheard. However, we inform you that this is a very serious offense, and the Bharatiya Nyaya Sanhita, 2023 (BNS) provides clear provisions for strict action in such cases, especially when the perpetrator is an officer (public servant). This article explains in simple words what action will be taken under the BNS and what punishments may be imposed:

1. Identification of the Perpetrator: Public Servant

First, since the perpetrator is an officer, he will be considered a "Public Servant." A public servant is a person who is in the service of the government or receives a salary, or who obtains remuneration by fee or commission for performing any public duty on behalf of the government.

2. Category of the Offense: 'Rape' or 'Deceitful Means'

   This act may fall under two major sections:
   (A) Rape – Sections 63 and 64
   If the woman has given consent out of fear of losing the job or due to the misuse of a position of control or dominance, then such consent will not be considered valid consent, and the act will be deemed rape.
 Reason for Severe Punishment: Position of Control or Dominance
   Since the officer (public servant) was in a position to offer the job, he held a position of control or dominance over the woman. Under the BNS, this constitutes an aggravated form of rape, for which Section 64(2)(j) specifically prescribes particularly severe punishment:
1. Punishment Provision (Section 64(2)): The perpetrator shall be punished with rigorous imprisonment for a term not less than ten years.
   2. This punishment may be extended to life imprisonment, meaning imprisonment for the remainder of that person’s natural life.
   3. The perpetrator will also be liable to pay a fine.

 (B) Sexual Intercourse by Deceitful Means – Section 69
   If it is proven that the officer used false promises of employment to engage in sexual intercourse, and the act does not directly qualify as rape, it still constitutes a separate and serious offense under Section 69.
• Definition of Deceitful Means: "Deceitful means" includes inducement for, or a false promise of, employment or promotion, or making a false promise.
   • Punishment Provision (Section 69): For this offense, the guilty person shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to pay a fine.

3. What If a Police Officer Does Not Register the Case?

   If a police officer, as a public servant, fails to register information related to such heinous offenses while performing his duty, action may also be taken against him under Section 199(c):
   • If any public servant (police employee or officer) knowingly fails to register any information provided regarding cognizable offenses such as Section 64 (Rape), Section 76 (Assault with intent to disrobe), Section 77 (Voyeurism), Section 143 (Human Trafficking), or Section 144 (Exploitation of a trafficked person), he shall be punished with rigorous imprisonment for a term not less than six months but which may extend to two years, and shall also be liable to pay a fine.
In summary, under the Bharatiya Nyaya Sanhita, 2023, an officer who commits rape in exchange for offering a job will face at least ten years of rigorous imprisonment, which may be extended to the remainder of the perpetrator's natural life, as he has abused a position of dominance. ✍️Author: Updesh Awasthi, Journalist & Legal Advisor. Notice: This is a copyright-protected post. Do not attempt to copy this article. Disclaimer: This information has been published for educational purposes only. For any legal advice, please consult an authorized advocate. The images and videos used in this article are generated with AI