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


Last Updated: 01 Dec, 2024
By Advocate Chikirsha Mohanty


As per new Indian Criminal law, IPC Section 376B has been replaced with BNS Section 67 with effect from July 1, 2024.

Please refer to BNS 67 for updated procedures & punishments.

Table of Contents
  1. IPC 376B in Simple Words
  2. IPC Section 376B related FAQs
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.



IPC 376B in Simple Words

According to section 376B of the Indian Penal Code, if a man has sexual intercourse with his own wife who is living separately, without her consent, he can be punished with imprisonment for a term of two to seven years and may also be liable to pay a fine.


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Offence : Sexual intercourse by husband upon his wife during separation


Punishment : 2 to 7 years + Fine


Cognizance : Cognizable (on complaint of victim)


Bail : Bailable


Triable : Court of Session



Looking for information on the Indian Penal Code? Check out our exhaustive list of all sections offering in-depth explanations and legal insights for each IPC Section.




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Frequently Asked Questions


What is Section 376db IPC?

Rape of a woman under 12 years old by gang. The sentence of life imprisonment is a punishment that includes the rest of the person's life, a fine, or death.


What is Section 376c IPC?

A person who is found guilty under section 376 (c) of forcing a woman to engage in sexual relations by using their authority will be sentenced to a minimum five-year prison term, which can be extended up to ten years, and also fined.