67
67
Sexual intercourse by husband upon his wife during separation
Bharatiya Nyaya Sanhita, 2023
Chapter V Of Offences Against Woman and Child
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsMarital RapeSexual AssaultConsentModerate Crime
🗣️ Simple Explanation
What does this law say?
Section 67 of the BNS says that if a husband has sexual intercourse with his wife while they are separated, without her consent, it is a crime. This section replaces the old laws about marital rape.
Why does this law exist?
This law protects women's rights and bodily autonomy, even during separation. It ensures that consent is always necessary. It aims to prevent sexual assault within marriage.
Real-life impact
This law means that a husband cannot force his separated wife into sexual activity. It gives women legal protection and the right to say no. It reinforces the importance of consent in all relationships.
What happens if you break this law?
If you have sex with your separated wife without her consent, you could go to jail for at least two years, up to seven years. You may also have to pay a fine. Police can arrest without warrant.
⚖️ Punishment
Imprisonment up to 7 years, and fine.
💡 Real Life Example
Rahul, separated from Priya, forced himself on her. Under Section 67, Rahul could face imprisonment and a fine. Amit, despite being separated from Sneha, had sexual intercourse with her without her consent. He could be arrested and charged.
🛡️ KNOW YOUR RIGHTS
- •Seek legal advice if you are a victim.
- •Report the incident to the police immediately.
- •Gather evidence, such as messages or witness statements.
- •You have the right to remain silent during questioning.
❓ FREQUENTLY ASKED QUESTIONS
Section 67 of the BNS addresses sexual intercourse by a husband with his separated wife without her consent. This law protects women's rights and ensures that consent is always necessary, even during separation. It aims to prevent sexual assault within marriage and provides legal recourse for victims.
If you violate Section 67, you could face imprisonment for a term of not less than two years, which may extend to seven years. You may also be liable to pay a fine. The punishment reflects the seriousness of the offense and aims to deter such actions.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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