Section 67 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 67 of the Bharatiya Nyaya Sanhita (BNS), 2023: Sexual Intercourse by Husband Upon His Wife During Separation
Section 67 of the BNS, 2023 criminalizes non-consensual sexual intercourse by a husband with his wife during a period of separation, whether under a legal decree or otherwise. This provision recognizes the autonomy and consent of the wife, even within the marital relationship, during periods of separation.
Text of Section 67
"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” refers to any of the acts mentioned in clauses (a) to (d) of Section 63.
Key Elements
Applicability: This section applies specifically to cases where a husband engages in non-consensual sexual intercourse with his wife during a period of separation, whether under a legal decree or otherwise
Punishment: The husband who engages in non-consensual intercourse with his separated wife may face imprisonment for a term not less than two years but which may extend to seven years, and may also be liable to a fine.
Illustrative Examples
Example 1: A husband forcibly engages in sexual intercourse with his wife while they are legally separated due to a court order. Under Section 67, he may be prosecuted and penalized for non-consensual sexual intercourse.(
Example 2: A couple has mutually agreed to separate, but the husband forces himself on his wife without her consent during this period. This act could be punishable under Section 67, emphasizing her right to refuse.
Purpose of Section 67
Protection of Autonomy: Section 67 protects the autonomy and bodily integrity of wives, even within the marital relationship, during periods of separation.
Recognition of Consent: The provision reinforces that marital status does not override consent and that separation grants both spouses the right to make independent choices regarding their physical relationship.
Deterrence of Forced Acts: By criminalizing non-consensual sexual intercourse during separation, the section aims to deter forced sexual acts within marriage during periods of separation, promoting respect and adherence to legal boundaries.(
Legal Context
Section 67 is similar to Section 376B of the Indian Penal Code (IPC), 1860, which also addresses sexual intercourse by a husband upon his wife during separation. The primary difference lies in the specific provisions and language used in the BNS, 2023, reflecting the updated legal framework.
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