Indian Penal Code 1860
Section 376B :
1.[Sexual intercourse by husband upon his wife during separation :
(See section 67 of BNS 2023)
Classification of Offence:
Offence: Sexual intercourse by husband upon his wife during separation.
Punishment : Imprisonment of not less than 2 years but which may extend to 7 years with fine.
Cognizable or Non-cognizable :Cognizable(but only on the complaint of the victim)
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session
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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.
Explanation :
In this section, sexual intercourse shall mean any of the acts mentioned in clauses (a) to (d) of section 375.]
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1. Substituted by the Criminal Law (Amendment) Act, 2013 (No.13 of 2013).
