Sexual intercourse by husband upon his wife during separation
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Summary
If a husband has sexual intercourse with his wife who is living separately, whether under a decree of separation or otherwise, without her consent, he commits an offence. The punishment is imprisonment for not less than two years and up to seven years, and a fine. 'Sexual intercourse' is as defined in clauses (a) to (d) of section 375.
Example
Meera has been living separately from Arjun after they agreed to live apart. Arjun had sexual intercourse with her without her consent. He can be punished with two to seven years' imprisonment and a fine under this provision.
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.
Explanations
(1) In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
1 Criminal Law (Amendment) Act, 2013
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