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.