Home  /  Bharatiya Nyaya Sanhita  /  Section 67

Section 67: Sexual Intercourse by Husband Upon Wife During Separation

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Court of Session
Bailable
Cognizable (on victim complaint)
Formerly Sec 376B IPC
Section 66 All 358 Sections of Bharatiya Nyaya Sanhita Section 68

Legal Commentary & Landmark Judgments: Section 67

Section 67 penalizes sexual intercourse by a husband upon his wife during separation, providing imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and fine.

  • Separation Decree or Agreement: The husband and wife must be living separately under a decree of separation, an order of maintenance, or under any custom or usage.
  • Absence of Consent: The husband has sexual intercourse with her without her consent.
  • Distinct Statutory Offence: Created as a distinct offence (formerly Section 376A IPC) carrying a mandatory minimum custodial sentence of two years.
Key Landmark Precedents:
  • Independent Thought v. Union of India (2017) 10 SCC 800: The Supreme Court examined bodily integrity and marital offences, affirming that non-consensual sexual acts during judicial separation violate woman's dignity and bodily autonomy.
  • State of Karnataka v. Krishnappa (2000) 4 SCC 75: Affirmed that non-consensual sexual acts require strict enforcement of statutory penalties.
Courtroom Practice & Strategic Litigation Guidance:

In defending against Section 67 BNS charges, lead evidence of reconciliation or mutual cohabitation: if the parties resumed living together voluntarily, or if the sexual encounter was consensual, the offence under Section 67 is completely disproved.

Section 66 All 358 Sections of Bharatiya Nyaya Sanhita Section 68