Section 67 BNS: Sexual intercourse by husband upon his wife during separation

Bharatiya Nyaya Sanhita, 2023

Section 67 BNS at a Glance

Section 67 BNS deals with sexual intercourse by husband upon his wife during separation. It is bailable and cognizable, triable by the Court of Session; it replaced Section 376B IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which shall not be less than two years but which may extend to seven years

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
IPC Equivalent

Section 376B →

Section 67 BNS Bare Act Text

67. 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 63.

Source: Section 67, Bharatiya Nyaya Sanhita, 2023

Section 67 BNS in Simple Words

Section 67 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with a husband having sexual intercourse with his own wife without her consent while she is living separately, whether under a decree of separation or otherwise. Under the Explanation to this section, sexual intercourse means any of the acts mentioned in clauses (a) to (d) of Section 63 BNS.

The law treats this as a distinct offence to protect a wife's bodily autonomy during a period of separation. Whether the couple is living apart under a court decree or otherwise, the husband cannot have sexual intercourse with his separated wife without her consent.

In practice, the section recognises that living separately changes the legal position within a marriage. If the husband has sexual intercourse with his separated wife without her consent, he is punishable under Section 67 BNS with imprisonment of either description for a term of not less than two years, which may extend to seven years, and is also liable to fine.

Ingredients of Section 67 BNS

  • Sexual intercourse by a husband with his own wife who is living separately, whether under a decree of separation or otherwise
  • Commission of the act without the consent of the wife
  • Reference to clauses a to d of Section 63 BNS in the statutory Explanation
  • Preservation of imprisonment of not less than two years extending up to seven years and liability to fine under Section 67 BNS

Punishment Under Section 67 BNS

Imprisonment

Imprisonment of either description for a term which shall not be less than two years but which may extend to seven years

Fine

Liable to fine

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Section 67 BNS punishes sexual intercourse by a husband with his wife who is living separately without her consent with imprisonment of not less than two years extending to seven years, and liability to fine. The offence is cognizable on the complaint of the victim, bailable, and triable by the Court of Session.

Example of Section 67 BNS

Following matrimonial disputes, Sunita had been living separately from her husband Suresh for eight months at a rented residence in Bhopal. Suresh arrived at the residence uninvited and forced sexual intercourse upon Sunita without her consent, despite her clear objections. Because Suresh had sexual intercourse with his own wife while she was living separately and without her consent, his conduct constitutes an offence punishable under Section 67 BNS with imprisonment of either description for not less than two years extending up to seven years, and he is also liable to fine.

When Section 67 BNS Does Not Apply

  • The husband and wife were cohabiting and living together rather than living separately
  • The sexual intercourse occurred with the free and voluntary consent of the wife
  • The woman involved was not the lawful wife of the accused
  • No physical act falling within the statutory definition of sexual intercourse took place

Section 67 BNS in the IPC (Previous Law)

Section 67 BNS replaces Section 376B IPC from the old criminal code.

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.

View IPC Section 376B →

FAQs on Section 67 BNS

Does Section 67 BNS apply only after a court order?▼

No. Section 67 BNS applies where the wife is living separately, whether under a decree of separation or otherwise. It is not limited to separation under a court decree.

Is consent of the wife relevant under Section 67 BNS?▼

Yes. Section 67 BNS applies only when the husband has sexual intercourse with his separated wife without her consent. If the act takes place with her consent, this offence is not made out.

Is the offence under Section 67 BNS still part of Indian criminal law?▼

Yes. Section 67 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is the current provision in force and punishes non-consensual sexual intercourse by a husband with his wife while she is living separately.

Can a husband be arrested immediately under Section 67 BNS?▼

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence under Section 67 BNS is cognizable only on the complaint of the victim and is bailable. Police action therefore depends on a complaint made by the wife.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·