BNS Section 67: Sexual Intercourse by Husband Upon His Wife During Separation
Section 67 of BNS is part of Chapter 5- Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of sexual intercourse by a husband with his wife during separation.
The section defines the circumstances under which such acts are punishable, emphasizing the importance of mutual consent in marital relationships.
Definition of BNS Section 67
Section 67 of BNS 2023 States: 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' encompasses the acts described in clauses (a) to (d) of Section 63.
Explanation and Illustration of Section 67 (Bharatiya Nyaya Sanhita, 2023)
The law recognises that even within marriage, if a wife is separated and does not consent, the husband's actions are considered rape.
- Example 1: A husband and wife are living separately due to a legal decree of separation. The husband forces his wife to have intercourse without her consent. According to Section 67, he could face imprisonment for a minimum of two years and a fine.
- Example 2: A couple is living apart for personal reasons, without any legal decree. The husband sexually assaults his wife without her consent. He is liable for a punishment ranging from two to seven years of imprisonment, along with a fine.
Key Points Of BNS -67
This provision applies to individuals who engage in non-consensual sexual intercourse with their wife while they are separated:
Consent Requirement
This provision specifically addresses situations where the wife has not given her consent to the act of intercourse. The lack of consent is what makes the act an offense under this section.
Punishment for the Offense
Differences Between Section 67 of BNS 2023 and its equivalent IPC Section
This section outlines the key differences between Section 67 and its equivalent Indian penal code IPC section 376B focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 67 | Sexual intercourse by husband upon his wife during separation. | 376B | No change. |
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FAQs about Section 67 of the Bharatiya Nyaya Sanhita (BNS)
Does Section 67 apply to all married couples?
No, Section 67 specifically applies to married couples who are separated, either legally or by mutual consent. It ensures the protection of women’s rights and bodily autonomy in such circumstances.
What punishment is prescribed under Section 67?
The section prescribes imprisonment, a fine, or both as penalties for the offense. Punishment is determined by the nature of the act and its impact on the victim.
Is consent a key factor in Section 67?
Yes, consent is central to Section 67. Even within marriage, a woman’s consent is essential during separation. Any sexual act without her consent during this period constitutes an offense.
How does Section 67 address marital dynamics?
The section recognizes the complexities of marriage and separation, ensuring that legal protections for women extend to situations where the marital relationship is strained or temporarily halted.
What if the separation is informal?
Section 67 covers both formal separations through judicial orders and informal separations by mutual agreement, provided it is evident that the couple is not cohabiting.
Does Section 67 criminalize all marital intercourse?
No, Section 67 criminalizes sexual intercourse during periods of separation without consent. It does not apply to consensual sexual relations within a marriage outside of separation contexts.
How does Section 67 ensure justice for victims?
This section allows women to seek redress if their rights are violated during separation. It holds offenders accountable while prioritising the dignity and autonomy of the victim.
