Bharatiya Nyaya Sanhita, 2023
Chapter 05 Offences Against Woman And Children
Section 67: Sexual intercourse by husband upon his wife during separation.
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