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
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.
1. The contest is organised by PAPA Consultancy Pvt. Ltd. through its registered brand LawRato and is binding on all participants in this contest and all applications for participants.
2. Only one entry permitted per person; entries made in bulk or by third parties are prohibited. LawRato reserves the right to cancel any duplicate entries and debar all such entries from the contest at its own discretion.
3. Entries received after the closing dates shall not be entertained.
4. Contest open till 20 February 2017.
5. The results declared by LawRato will be final and no further queries or complaints or questions will be entertained and LawRato is further not obliged to respond to the same.
6. The prize does not have any cash value, there is no cash alternative and the prize is non-transferable.
7. LawRato reserves the right to change/ modify the terms and conditions of this offer or to withdraw this offer at any point in time if circumstances arise beyond our control.
8. There is no participation fee.
9. LawRato shall not be responsible for any loss or damage if it has to discontinue or cancel the Contest in compliance with any law, ruling, order, regulation, requirement or instruction of any Central/State Government or for any other unavoidable reason beyond its control. The participants shall be informed of such discontinuance/ cancellation at the earliest.
10. By entering the contest, the Participant agrees to be bound by these terms and conditions.
11. LawRato is not responsible for participant not being able to understand the contest mechanics or for his/ her interpretation of the same. No correspondence in this regard will be entertained.
12. The Winner(s) will be intimated through their registered email and / or phone.
13. Participant Confirms and Acknowledges that once the answer is submitted the same cannot be withdrawn by the Participant for any reason whatsoever.
14. All taxes, if any, which will incur on the participants and/ or winner will be borne by the participants and/ or winners alone and LawRato shall not be liable to bear the same. The participants and/ or winners undertake deposit the same with LawRato.
15. None of the provisions of these Terms and Conditions shall be deemed to constitute a Partnership or Agency between Participants and LawRato and Participants shall have no authority to bind LawRato in any manner whatsoever.
16. LawRato accepts no liability for any errors or omissions, whether on behalf of itself or any Third Parties.
In no event LawRato shall be liable for losses or any incidental or consequential damages arising out of or in connection with the Contest, its services or this Agreement (however arising, including negligence).
17. Participants shall be solely responsible for any consequences which may arise due to any kind of Infringement of Copyrights or any kind of Intellectual Property Rights belonging to any other Person / Entity etc. and also undertake to indemnify LawRato its Directors, Officers, Employees, etc. on the happening of such an Event (including without limitation cost of Attorney, Legal Charges etc.) on full indemnity basis.
18. The information is deemed to be voluntarily supplied during the course of Participation and personal information provided by the Participants will be deemed as non-confidential, which hereby discharges all obligations of confidentiality. LawRato shall be free to reproduce, use, disclose and distribute the information to Third Parties without limitation.
19. Notwithstanding anything to the contrary contained in this terms and conditions and any circumstances whatsoever, LawRato shall not be liable for any incidental, ancillary, direct, indirect, special or consequential damages including but not limited to lost profits or injury or death, whether in contract or based on any theory of liability.
20. If the operation of the contest or the contest is prevented by Force Majeure event, LawRato may cancel all or any part of the contest without any liability to any person whatsoever.
We are delighted to have helped over 15,000 clients get a consult with a verified lawyer for their legal issues.
You can book a phone or meeting consult with any lawyer and get upto 30% off on the first consult fee.
हिंदी में पढ़े
+91 9599-000-555
×
