Sexual intercourse by husband upon his wife during separation
Section 67 of the Bharatiya Nyaya Sanhita, 2023 deals with sexual intercourse by husband upon his wife during separation. 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 sha The Act came into force on 01 Jul 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 63.
Section 67, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 376A Intercourse by a man with his wife during separation Close, with changes 72%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 6
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 193
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 221
- s. 72 Disclosure of identity of victim of certain offences, etc
- s. 199 Public servant disobeying direction under law
- Bharatiya Nagarik Suraksha Sanhita s. 193 Report of police officer on completion of investigation
- Bharatiya Nagarik Suraksha Sanhita s. 221 Cognizance of offence
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Sexual intercourse by husband upon his wife during separation. | Imprisonment for not less than 2 years but which may extend to 7 years and fine. | Cognizable (only on the complaint of the victim). | Bailable. | Court of Session. |
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In the facts at hand, petitioner is the sole accused in Crime No.1683/2024 of Kayamkulam Police Station, Alappuzha. The offences alleged are under Section 67 of the Bharatiya Nyaya Sanhita, 2023 and Section 66(E) of the Information Technology Act, 2000. The petitioner seeks quashment of entire proceedings in the above crime, on the strength of the settlement arrived at by and between the parties. 3. Heard the learned counsel for the petitioner, learned counsel for …
Questions about Section 67
What does Section 67 of the Bharatiya Nyaya Sanhita deal with?
Section 67 of the Bharatiya Nyaya Sanhita is headed "Sexual intercourse by husband upon his wife during separation". 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 sha
Is Section 67 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 67 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable (only on the complaint of the victim). "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 67 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 67, section 67 BNS, section 67 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 67 it act and bns 67a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 67 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on section 63 (Rape), so none of them can safely be read on its own. 6 other provisions in this corpus refer back to it. It carries forward IPC 376A (Intercourse by a man with his wife during separation), so the judgments decided under that provision are the case law on this one.
When did Section 67 of the Bharatiya Nyaya Sanhita come into force?
Section 67 of the Bharatiya Nyaya Sanhita, cited as BNS 67, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
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- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.