BNS Section 67 — Sexual intercourse by husband upon his wife during separation

Summary

Whoever has sexual intercourse with his own wife, who is living separately from him — whether under a court decree of separation or for any other reason — without her consent, commits an offence. The punishment for this is imprisonment of either description for a term of not less than two years and up to seven years, along with a fine.

The explanation clarifies that for this section, the term "sexual intercourse" means any of the acts mentioned in clauses (a) to (d) of section 63.

Official Text

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• NIVAS MANAGAONKAR v. SUN ANDA MARCH 20, 2001 — Supreme Court of India (2001)

Old <-> New Code Mapping

• IPC §376B — Sexual intercourse by husband upon his wife during separation