IPC Section 376B — Sexual intercourse by husband upon his wife during separation
sexual offences
Criminal
Punishment
Imprisonment 2 years–7 years
As the section puts it: “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 fine1”
Summary
A husband who has sexual intercourse with his wife while they are living apart, whether due to a court order or any other reason, without her consent, commits an offence. The punishment for this offence is imprisonment for at least two years, which can be extended up to seven years, along with a fine.
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 fine1.
Referred to by
- CrPC §26 — Courts by which offences are triable
- CrPC §154 — Information in cognizable cases
- CrPC §161 — Examination of witnesses by police
- CrPC §173 — Report of police officer on completion of investigation
- CrPC §198B — Cognizance of offence
- CrPC §327 — Court to be open
- IPC §166A — Public Servant disobeying direction under Law
Related Judgments
- RIT FOUNDATION vs THE UNION OF INDIA — Delhi High Court (2022)
- ANTICIPATORY BAIL APPLICATION NO. 2141 OF 2024; Adesh Suryakant Doifod vs The State of Maharashtra and another, …, Mr. Nikhilesh D. Pote a/w. Mr — Bombay High Court (Mumbai Principal Seat) (2024)
- SUPREME COURT WOMEN LAWYERS ASSOCIATION vs UNION OF INDIA & ANR — Supreme Court of India (2016)
- OMKAR PRASAD VERMA vs STATE OF MADHYA PRADESH — Supreme Court of India (2007)
Old <-> New Code Mapping
- BNS §67 — Sexual intercourse by husband upon his wife during separation
