BNSChapter V

S. 67

Sexual intercourse by husband upon his wife during separation.

Description

IPC Section 376B

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.

BNSS Classification

  • 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
  • Triable by Court of Session