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BNS · Section 67 · Chapter V — OF OFFENCES AGAINST WOMAN AND CHILD

Sexual intercourse by husband upon his wife during separation

What this section does

Punishes a husband who has sexual intercourse with his wife living separately (whether under a decree of separation or otherwise) without her consent. The acts constituting 'sexual intercourse' are the same as those defined in section 63(a) to (d).

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Imprisonment of either description not less than 2 years, extendable to 7 years, and fine.
Triable by
Sessions Court
Cognizable
Yes
Bailable
No
Compoundable
No

Ingredients (what prosecution must prove)

  1. The accused is the husband of the woman
  2. The wife is living separately from the husband, whether under a decree of separation or otherwise
  3. Sexual intercourse (as defined in section 63(a)–(d)) was committed without her consent

Practitioner note

This provision does not amount to criminalising marital rape in cohabitation; it applies only where the wife is living separately. The mandatory minimum is 2 years.

Old-law correspondence

Derived from IPC s.376B.

Read the official text

For the binding statutory text of BNS Section 67, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 67 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.