Indian Penal Code, 1860

Sexual intercourse by husband upon his wife during separation.—

Section

376B

Punishment

Imprisonment up to Seven Year(s) + Fine

Cognizable

Cognizable

Bailable

Non-bailable

Compoundable

Non-Compoundable (Refer to CrPC 320 for exceptions)

Trial Court

Court of Session

Bare Act Text

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.
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