IPC · Indian Penal Code, 1860

Section 376B IPC

Sexual intercourse by husband upon his wife during separation

Offence

Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent,

Punishment

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 fine1.

Punishment summary

  • Imprisonment: a term which shall not be less than two years but which may extend to seven years.

FAQ — Section 376B IPC

Section 376B of the Indian Penal Code, 1860 (IPC) deals with “Sexual intercourse by husband upon his wife during separation”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

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 fine1.

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.