IPC Section 376B and BNS Section 67: Sexual Intercourse by Husband During Separation
Section 376B of the Indian Penal Code, 1860, addressed sexual intercourse by a husband with his wife who was living separately, without her consent. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023, is Section 67.
IPC Section 376B - Original statutory provision
The original webpage reproduces the following provision, introduced in its post-2013 form:
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.
This text is retained for understanding the former IPC offence. It should not be mistaken for the numbering of the provision now in force under the BNS.
BNS Section 67 - Current corresponding law
Section 67 of the Bharatiya Nyaya Sanhita, 2023 is titled "Sexual intercourse by husband upon his wife during separation." It penalises a husband who has sexual intercourse with his wife living separately, whether under a decree of separation or otherwise, without her consent.
Section 67 prescribes imprisonment of either description for a term of not less than two years and up to seven years, and a fine. Its explanation refers to acts mentioned in clauses (a) to (d) of the rape definition; under the BNS, that definition appears in Section 63.
Essential ingredients and legal definitions
1. Existing marital relationship
The provision specifically concerns a husband and his wife. Proof of the relevant marital relationship is therefore important.
2. Living separately
The wife must be living separately from her husband. The statute expressly includes separation under a judicial decree or otherwise; a formal decree is not an indispensable condition.
3. Sexual intercourse as statutorily defined
The expression covers the sexual acts referred to in clauses (a) to (d) of BNS Section 63, rather than being limited to one form of intercourse. The precise statutory elements should be assessed against the alleged conduct.
4. Absence of consent
The sexual act must occur without the wife's consent. BNS Section 63 explains consent as an unequivocal voluntary agreement communicated through words, gestures or other verbal or non-verbal communication. Mere absence of physical resistance does not by itself amount to consent.
Punishment under IPC 376B and BNS 67
| Legal provision | Offence | Penalty |
|---|---|---|
| IPC Section 376B (historical) | Non-consensual sexual intercourse by husband with wife living separately | Imprisonment of either description: 2 to 7 years, plus fine |
| BNS Section 67 (current) | Corresponding offence under the BNS | Imprisonment of either description: 2 to 7 years, plus fine |
The punishment provision does not make every marital dispute an offence: the prosecution must establish the ingredients of the relevant offence according to law.
Procedural and related legal provisions
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The applicable procedural rules govern reporting, investigation and cognizance. In particular, BNSS Section 221 addresses cognizance of the offence under BNS Section 67 upon a complaint made by the wife against her husband. This special rule should be considered before assuming that the ordinary procedure for every sexual offence applies identically.
BNS Section 63: Defines rape, explains consent and includes statutory exceptions. BNS Section 64: Provides punishment for rape in specified cases. Protection of Children from Sexual Offences Act, 2012: May apply where the person involved is under 18, regardless of purported marital status, subject to the applicable legal facts.
Timing of the alleged act: For conduct before 1 July 2024, the law in force at the relevant time and applicable transitional provisions require examination. The mere change of statutory numbering does not retrospectively replace the substantive law applicable to earlier conduct.
Frequently asked questions
What is the current equivalent of IPC Section 376B?
Section 67 of the Bharatiya Nyaya Sanhita, 2023, addresses sexual intercourse by a husband with his wife living separately without her consent.
What is the punishment under BNS Section 67?
Imprisonment of either description for a minimum of two years and a maximum of seven years, and a fine.
Does the provision require a judicial separation decree?
No. It covers a wife living separately, whether under a decree of separation or otherwise.
Does marriage itself amount to consent?
No. For the offence involving spouses living separately, absence of consent is an essential element.
Which law applies to an incident before 1 July 2024?
The applicable IPC provision and relevant savings and transitional rules must be considered; the BNS took effect on 1 July 2024.
Official statutes and further reading
- Bharatiya Nyaya Sanhita, 2023 - India Code (see Sections 63 and 67).
- Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code (see Section 221).
- Indian Penal Code, 1860 - India Code (historical Section 376B).
- India Code official legislation portal for consolidated and amended texts.
- IPC Section 376 - Punishment for rape.
Legal information updated 30 October 2026. This article is general information and is not a substitute for advice based on the facts of a particular case.