Bharatiya Nyaya Sanhita, 2023
BNS Section 67
Sexual intercourse by husband upon his wife during separation
In one line
BNS Section 67 deals with sexual intercourse by husband upon his wife during separation and replaces IPC 376B.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 67 | Sexual intercourse by husband upon his wife during separation. | Imprisonment for not less than 2 years but which may extend to 7 years and fine. | Cognizable (only on the complaint of the victim). | Bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 67
67. 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 63.
Frequently asked
What was BNS Section 67 in the IPC?
BNS Section 67 (Sexual intercourse by husband upon his wife during separation) replaces Section 376B of the Indian Penal Code, 1860. IPC 376B is now BNS 67.
What is the punishment under BNS 67?
Sexual intercourse by husband upon his wife during separation – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable (only on the complaint of the victim) and bailable, triable by court of Session.
Is BNS 67 bailable?
Bailable: BNS 67. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 62 — Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
- BNS 63 — Rape
- BNS 64 — Punishment for rape
- BNS 65 — Punishment for rape in certain cases
- BNS 66 — Punishment for causing death or resulting in persistent vegetative state of victim
- BNS 68 — Sexual intercourse by a person in authority
- BNS 69 — Sexual intercourse by employing deceitful means, etc
- BNS 70 — Gang rape
- BNS 71 — Punishment for repeat offenders
- BNS 72 — Disclosure of identity of victim of certain offences, etc