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

IPC Section-376B

Description of IPC Section 376B

According to section 376B of Indian penal code, 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.


  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

FAQ's on IPC Section 376B

What offence is defined under IPC 376B?

IPC 376B Offence: Sexual intercourse by husband upon his wife during separation.

What is the punishment for IPC 376B Case?

The punishment for IPC 376B is 2 to 7 years + Fine.

Is IPC 376B cognizable offence or non-cognizable offence?

IPC 376B is a Cognizable (on complaint of victim).

How to file/defend your case for IPC 376B offence?

Use LawRato for filing/defending your case under IPC 376B with the help of best criminal lawyers near you.

Is IPC 376B bailable or non-bailable offence?

IPC 376B is a Bailable offence.

In what court can IPC 376B be tried?

IPC 376B is tried in the court of Court of Session.

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