Sexual intercourse by husband upon his wife during separation
Section 376B of the Indian Penal Code, 1860 (Sexual intercourse by husband upon his wife during separation) corresponds to Section 67 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 67 is cognizable (only on the complaint of the victim), bailable, triable by Court of Session; punishment: Imprisonment for not less than 2 years but which may extend to 7 years and fine.
| 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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
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.
Full BNS Section 67 and every IPC section it replaced →
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