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Section 376B: Sexual intercourse by husband upon his wife during separation

The Indian Penal Code, 1860Central Act · Act 45 of 1860

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024

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.

Where this provision sits

ActThe Indian Penal Code, 1860
Section376B
Marginal noteSexual intercourse by husband upon his wife during separation
JurisdictionCentral
StatusRepealed
Judgments citing it5

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