Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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
Brief Detail
BNS Section 67 criminalizes sexual intercourse with one's own wife who is living separately without her consent. The punishment includes imprisonment for a term not less than two years and up to seven years, along with a possible fine. Sexual intercourse, in this context, refers to the acts defined in clauses (a) to (d) of Section 63.
Question & Answers
1. What does BNS Section 67 address?
BNS Section 67 addresses the criminalization of sexual intercourse with a wife living separately without her consent.
2. What is the punishment under BNS Section 67?
The punishment includes imprisonment for not less than two years and up to seven years, and may also include a fine.
3. What does sexual intercourse mean in BNS Section 67?
In BNS Section 67, sexual intercourse refers to the acts mentioned in clauses (a) to (d) of Section 63.
4. Can a person be fined under BNS Section 67?
Yes, a person convicted under BNS Section 67 can also be liable to a fine.
Example
A man whose wife is living separately under a decree of separation engages in sexual intercourse with her without her consent. According to BNS Section 67, he would face imprisonment for a term between two and seven years and could also be fined.
Summary
BNS Section 67 makes it a criminal offense for a man to have sexual intercourse with his wife, who is living separately and has not consented to the act. The penalty for this offense includes imprisonment ranging from two to seven years and potentially a fine. The definition of sexual intercourse for this section includes the acts specified in Section 63, clauses (a) to (d).
