BNS Section 67 – Sexual intercourse by husband upon his wife during separation or by a person in authority
Section in IPC – 376 B
Sexual intercourse by husband upon his wife during separation or by a person in authority
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 63.
Key Points on BNS-67: Sexual Offense Within Marital Relationships
BNS-67 addresses the legal repercussions for a specific form of sexual offense within the context of marital relationships. This provision focuses on sexual intercourse without consent when the wife is living separately from her husband.
1. Scope of BNS-67
- Application: This provision applies to individuals who engage in sexual intercourse with their wife while she is living separately from him. The separation can occur due to a legal decree (such as a court order) or other reasons that lead to physical separation.
2. Consent Requirement
- Consent: The provision specifically concerns cases where the sexual intercourse occurs without the wife’s consent. The absence of consent is a crucial element, as the act is considered an offense under this section if consent is not given.
3. Punishment for the Offense
- Imprisonment:
- The perpetrator will be punished with imprisonment of either description (i.e., rigorous or simple imprisonment) for a term of no less than two years, but it may extend up to seven years.
- Fine:
- In addition to imprisonment, the perpetrator may also be liable to a fine. The exact amount of the fine is not specified in the section but is determined according to the court’s discretion.
4. Definitions and Important Terms
- Sexual Intercourse: Refers to any physical sexual activity involving penetration.
- Living Separately: The wife is considered to be living apart from the husband, either due to separation under a legal decree or other circumstances that lead to physical separation.
- Consent: Consent must be voluntarily given with full knowledge of the act. Without consent, the act is considered non-consensual and is thus an offense.
Summary
BNS-67 criminalizes sexual intercourse by a husband with his wife, who is living separately from him, when it occurs without her consent. The punishment includes imprisonment for a minimum of two years, which may extend up to seven years, along with the possibility of a fine. The key focus of this provision is the absence of consent and the context of separation between the spouse.