Law Maker

CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD · Of sexual offences

Section 67: Sexual intercourse by husband upon his wife during separation

The Bharatiya Nyaya Sanhita, 2023

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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

12 questions in 42 of our papers cite Section 67. Try these from the free papers:

  1. 1. Under the proviso to Section 149 of the BSA, in a prosecution for an offence under any of Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023, or an attempt to commit such an offence, where the question of consent is in issue, it is not permissible to put questions in the cross-examination of the victim as to:

  2. 2. Consider the following statements: 1. Section 48 of the BSA, which makes evidence of the character or previous sexual experience of the victim irrelevant on the issue of consent, applies to prosecutions under Sections 64 to 71 and also Sections 74 to 78 of the Bharatiya Nyaya Sanhita, 2023. 2. The proviso to Section 149 of the BSA, which bars questions in the cross-examination of the victim as to general immoral character or previous sexual experience, applies to prosecutions under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023. 3. Each of these provisions also applies to a prosecution for an attempt to commit any of the offences it lists. Which of the statements given above are correct?

  3. 3. Under the proviso to Section 346(1) of the BNSS, an inquiry or trial relating to an offence under Section 64, 65, 66, 67, 68, 70 or 71 of the Bharatiya Nyaya Sanhita, 2023 shall be completed within:

Practise questions on Bharatiya Nyaya Sanhita