IPC 376B→BNS 67

IPC 376B to BNS 67: Sexual intercourse by husband upon his wife during separation

Section 376B IPC (1860) replaced by Section 67 BNS (2023)

View IPC Section 376B →View BNS Section 67 →

IPC 376B to BNS 67 at a Glance

Section 376B IPC (Sexual intercourse by husband upon his wife during separation) is now Section 67 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 376B to BNS 67?

Section 376B IPC corresponds to Section 67 BNS. The heading and substantive text remain identical across both codes, with the statutory cross-reference in the Explanation updating from Section 375 IPC to Section 63 BNS. The penalty of imprisonment of not less than two years extending up to seven years and liability to fine continues without alteration.

IPC 376B vs BNS 67: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section376B67
OffenceSexual intercourse by husband upon his wife during separationSame
PunishmentImprisonment of either description for a term which shall not be less than two years but which may extend to seven yearsSame
FineLiable to fineSame
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 376B and BNS 67: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 376B, IPC 1860

376B. 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 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.
BNS 2023 (in force)

Section 67, BNS 2023

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.

Ingredients: IPC 376B vs BNS 67

Under IPC 376B
  1. The accused had sexual intercourse with his own wife
  2. The wife was living separately from the husband at the time, whether under a decree of separation or otherwise
  3. The sexual intercourse was committed without her consent
  4. The act constituted one of the acts specified in clauses a to d of Section 375 IPC
Under BNS 67
  1. Sexual intercourse by a husband with his own wife who is living separately, whether under a decree of separation or otherwise
  2. Commission of the act without the consent of the wife
  3. Reference to clauses a to d of Section 63 BNS in the statutory Explanation
  4. Preservation of imprisonment of not less than two years extending up to seven years and liability to fine under Section 67 BNS

What IPC 376B to BNS 67 Means for Pending Cases

For Section 376B IPC (now Section 67 BNS): under Section 67 BNS, prosecutions against a husband for non-consensual sexual intercourse during separation proceed under Section 67 BNS with identical legal ingredients and bail status. Offences committed before the BNS came into force continue under Section 376B IPC.

FAQs: IPC 376B to BNS 67

What changed between Section 376B IPC and Section 67 BNS?▼

The substantive offence, heading, and punishment remain identical. The internal cross-reference in the Explanation updates from Section 375 IPC to Section 63 BNS.

Where is Section 376B IPC located in the Bharatiya Nyaya Sanhita?▼

Section 376B IPC is codified as Section 67 BNS, in Chapter V, Of Offences Against Woman and Child, under the sub-heading Of sexual offences.

Does Section 376B IPC or Section 67 BNS apply to an act done before 1 July 2024?▼

Section 376B IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 376B IPC. Section 67 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·