IPC Section 376B

Indian Penal Code

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IPCChapter XVI

S. 376 B

Sexual intercourse by husband upon his wife during separation

Description

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 fine1.

Explanations

  1. In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.

1 Criminal Law (Amendment) Act, 2013

Classification u/schedule 1 CrPC

Offence

Punishment

Sexual intercourse by husband upon his wife during separation

2 to 7 years + Fine

Cognizance

Bail

Triable By

Cognizable (on complaint of victim)

Bailable

Court of Session

Composition u/s 320 CrPC

Offence is NOT listed under Compoundable Offences

By Raman Devgan
Updated: 31 Oct 2022
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