Sexual intercourse by husband upon his wife during separation
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Summary
When a husband has sexual intercourse with his wife who is living separately, whether under a separation decree or otherwise, without her consent, it is an offence. The offender faces imprisonment of not less than two years and up to seven years, and may be fined. The case is cognizable only on the victim's complaint, is bailable, and is tried by the Sessions Court.
Example
Ravi and Priya are living separately after a decree of separation. Ravi has sexual intercourse with Priya without her consent. Ravi can be prosecuted and punished with 2 to 7 years' imprisonment and a fine; the case will proceed only if Priya files a complaint, is bailable, and will be tried by the Sessions Court.
Bare Act
Enacted textWhoever 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.
BNSS Classification
- 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
- Triable by Court of Session
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