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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 BNS Section 67
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.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
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 and its equivalent IPC Section
This section outlines the key differences between Section 67 of BNS and its equivalent 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. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 67 of the Bharatiya Nyaya Sanhita (BNS)
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