Section 376B IPC: Sexual intercourse by husband upon his wife during separation
Indian Penal Code, 1860
Section 376B IPC at a Glance
Section 376B IPC deals with sexual intercourse by husband upon his wife during separation. It is bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 67 BNS.
Imprisonment of either description for a term which shall not be less than two years but which may extend to seven years
Section 376B IPC Bare Act Text
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.
ExplanationIn this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
Source: Section 376B, Indian Penal Code, 1860
Amendment note: Substituted by the Criminal Law (Amendment) Act, 2013 (w.e.f. 3 February 2013). Before that amendment, Section 376B dealt with sexual intercourse by a public servant with a woman in his custody, which is now covered by Section 376C.
Section 376B IPC in Simple Words
Section 376B of the Indian Penal Code (IPC) punishes a man who has sexual intercourse with his own wife while she is living separately, whether under a decree of separation or otherwise, without her consent. The Explanation clarifies that sexual intercourse bears the meaning assigned in clauses a to d of Section 375 IPC.
The section prescribes imprisonment of either description for a term of not less than two years which may extend to seven years, and the offender is also liable to fine. The offence is cognizable, bailable, and triable by the Court of Session.
Ingredients of Section 376B IPC
- The accused had sexual intercourse with his own wife
- The wife was living separately from the husband at the time, whether under a decree of separation or otherwise
- The sexual intercourse was committed without her consent
- The act constituted one of the acts specified in clauses a to d of Section 375 IPC
Punishment Under Section 376B IPC
Imprisonment of either description for a term which shall not be less than two years but which may extend to seven years
Liable to fine
Section 376B IPC 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 and bailable, triable by the Court of Session.
Example of Section 376B IPC
When Section 376B IPC Does Not Apply
- Section 376B IPC does not apply when the wife was residing together with her husband in the matrimonial home rather than living separately.
- Section 376B IPC does not apply where the separated wife freely consented to the sexual intercourse with her husband.
- Section 376B IPC does not apply if the parties were not husband and wife at the time of the act, including after a final decree of divorce.
- Section 376B IPC does not apply when none of the acts listed in clauses (a) to (d) of Section 375 IPC occurred between the spouses.
Section 376B IPC in the BNS
Section 376B IPC is now covered under Section 67 BNS.
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 detailed comparison (IPC 376B vs BNS 67) →FAQs on Section 376B IPC
What does Section 376B IPC punish?▼
Section 376B IPC punishes a husband who has sexual intercourse with his own wife without her consent while she is living separately from him.
What is meant by living separately under Section 376B IPC?▼
Living separately includes separation under a formal decree of separation or informal physical separation where the spouses reside apart.
How is sexual intercourse defined for Section 376B IPC?▼
The Explanation provides that sexual intercourse carries the definition set out in clauses a to d of Section 375 IPC.
Is consent of the wife a complete defence under Section 376B IPC?▼
Yes; the offence requires that the act be committed without her consent, so voluntary consent is a complete defence.
What punishment is provided under Section 376B IPC?▼
Section 376B IPC prescribes imprisonment of either description for not less than two years extending to seven years, and the offender is also liable to fine.
Is Section 376B IPC bailable?▼
Yes; Section 376B IPC is classified as bailable under the First Schedule to the CrPC.
Is an offence under Section 376B IPC cognizable?▼
Yes; Section 376B IPC is a cognizable offence.
Which court conducts trials under Section 376B IPC?▼
Offences under Section 376B IPC are triable by the Court of Session.
Can Section 376B IPC be compounded?▼
No; Section 376B IPC is not compoundable under Section 320 CrPC.
Which section corresponds to Section 376B IPC in the Bharatiya Nyaya Sanhita?▼
Section 67 BNS is the corresponding provision in the Bharatiya Nyaya Sanhita.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·