Indian Penal Code, 1860 · Section 376B

IPC 376B in BNS: Section 67

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

Indian Penal Code

IPC 376B is now BNS 67.

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.

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