What is Section 376B IPC? Sexual intercourse by husband upon wife during separation
Published on: Lawiz Team
Learn about Section 376B IPC: Sexual intercourse by husband upon wife during separation
Official Legal Text
Whoever has sexual intercourse with his own wife, who is living separately, 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.
What This IPC Section Means – Explained in Simple Words
Section 376B punishes a husband who engages in sexual intercourse with his wife without her consent while they are living separately under a decree or custom.
Purpose
To protect married women who are living separately from being forced into sexual relations by their husbands.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 2 years, and fine.
Key Elements
1. The husband and wife must be living separately. 2. The separation must be due to a decree or custom. 3. Sexual intercourse must be without the wife's consent.
Punishment Details
Imprisonment of either description for a term which may extend to two years, and a fine.
Illustrative Example
If a husband forces himself on his wife while they are legally separated, it is an offence under Section 376B.
Legal Defenses
If the wife consents to the sexual intercourse or they are not living separately, it is not an offence.
Related Sections
Related to Section 375 (Rape) and Section 376 (Punishment for rape).
FAQs
What does Section 376B IPC state?
Sexual intercourse by husband with wife without consent during judicial separation.
Punishment under Section 376B IPC?
Imprisonment up to 2 years and fine.
Cognizable?
Yes, cognizable and non-bailable.
Example situation?
Husband forcing intercourse while living separately under judicial decree.
Filing complaint?
Through FIR and supporting evidence.
Court jurisdiction?
Sessions Court.
Possible defences?
Consent or withdrawal of separation decree.