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.
According to the official bare act, this legal offense is defined as: 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.
The punishment for this specific offense is outlined under the law as: Imprisonment up to Seven Year(s) + Fine
Under the Indian Penal Code, this specific offense is classified as a Non-bailable offense.
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Cases pertaining to this specific IPC section are triable by the Court of Session.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to CrPC 320 for exceptions).

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