Bharatiya Nyaya Sanhita, 2023 · Section 67

BNS 67: earlier IPC 376B

Section 67 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 376B of the Indian Penal Code, 1860. BNS 67 deals with sexual intercourse by husband upon his wife during separation. The Bharatiya Nyaya Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nyaya Sanhita

BNS 67 was IPC 376B.

Sexual intercourse by husband upon his wife during separation.

Carried over
Old wording kept in full
Old · IPC 1860 · Ch. XVI
s. 376B
Sexual intercourse by husband upon his wife during separation
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.
Text from the official India Code PDF
New · BNS 2023 · Ch. V
s. 67
Sexual intercourse by husband upon his wife during separation.
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 63.
Text from India Code
Old classification · CrPC First Schedule, for IPC 376B
CognizableCognizable
BailableBailable
PunishmentImprisonment for not less than 2 years but which may extend to 7 years and with fine.
Triable byCourt of Session.
For an offence under the BNS, check the First Schedule of the BNSS.
Judgments on s. 376B IPCBNS 67 on India Code Source: NCRB section table
Related sectionsIPC 376B · Sexual intercourse by husband upon h…
BNS 66 · Punishment for causing death or resulting in persistent vegetative state of victim.BNS 68 · Sexual intercourse by a person in authority.

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