Section 67 of the Bharatiya Nyaya Sanhita, 2023 deals with sexual intercourse by husband upon his wife during separation. It replaces IPC 376B of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 67 is cognizable (only on the complaint of the victim) and bailable.
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 67 | Sexual intercourse by husband upon his wife during separation. | Imprisonment for not less than 2 years but which may extend to 7 years and fine. | Cognizable (only on the complaint of the victim) | Bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
67. Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.
Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 63.
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