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

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






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