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

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.

Related Judgments

• S.C.R. 765 JOSEPH SHINE v. UNION OF INDIA — Supreme Court of India (2018)
• INDEPENDENT THOUGHT v. UNION OF INDIA & ANR. 835 — Supreme Court of India (2017)
• PREMJI RATANSEY SHAH AND ORS v. UNION OF INDIA AND ORS. JULY 22, 1994 — Supreme Court of India (S)
• SAVITA S/0 SHRI P.L. SAVITA v. UNION OF INDIA, MINISTRY OF DEFENCE — Supreme Court of India (S)
• Crl.O.P.No.31316 of 2015 vs Subhankar Mukherjee — Madras High Court (2013)
• OMKAR PRASAD VERMA v. STATE OF MADHYA PRADESH — Supreme Court of India (2007)
• S.C.R. 207 SUPREME COURT WOMEN LAWYERS ASSOCIATION A (SCWLA) v. UNION OF INDIA & ANR. (Writ Petition (Civil) No.4 of — Supreme Court of India (2016)
• V. REVATHI A v. UNION OF INDIA & ORS. FEBRUARY 25, 1988 IM.P. THAKKAR AND MUA — Supreme Court of India (1988)

Old <-> New Code Mapping

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