INDIAN KANOON SECTION 376B IPC - Indian Penal Code - Sexual intercourse by husband upon his wife during separation [1]

Description

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.

Explanations

1. In this section, ?sexual intercourse? shall mean any of the acts mentioned in clauses (a) to (d) of section 375.

¹ Criminal Law (Amendment) Act, 2013

Applicable Offences

Sexual intercourse by husband upon his wife during separation

Punishment - 2 to 7 years + Fine

This is a Bailable, Cognizable (on complaint of victim) offence and triable by Court of Session

This offence is NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.