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Sexual intercourse by husband upon his wife during separation or by a person in authority
BNS Section 67, pertaining to the Bharatiya Nyaya Sanhita (BNS), addresses the offense of non-consensual sexual intercourse by a husband with 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.
- 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
Offence : Sexual intercourse by husband upon his wife during separation.
Punishment : Imprisonment for not less than 2 years but which may extend to 7 years and fine.
Cognizable or Non-cognizable : Cognizable (only on the complaint of the victim).
Bailable or Non-bailable : Bailable.
By what Court triable : Court of Session.
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