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CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY · Sexual offences

Section 376B: Sexual intercourse by husband upon his wife during separation

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

1[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.

Footnotes in the official text

  1. 1.Subs. by Act 13 of 2013, s. 9, for sections 375, 376, 376A, 376B, 376C and 376D (w.e.f. 03-02-2013).

Now in the BNS

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

376B. Sexual intercourse by husband upon his wife during separation.BNS 67

Questions on this section

2 questions in 3 of our papers cite Section 376B.

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