Section 376B · Sexual intercourse by husband upon his wife during separation
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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 375.
Explanation.—In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
The offence at a glance
- Punishment
- minimum 2 years, up to 7 years, fine (no stated ceiling)
- Statutory minimum
- 2 years
- Cognizable
- Cognizable
- Bailable
- Bailable
- Compoundable
- Not compoundable
- Triable by
- Court of Session
- Cognizable — Police may arrest without a warrant
- Bailable — Bail is your right — it can be granted at the police station
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
In the new law
IPC 376BBNS 67
67. Sexual intercourse by husband upon his wife during separation.
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