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)
- The accused is the husband of the woman
- The wife is living separately from the husband, whether under a decree of separation or otherwise
- 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.
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.