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.

BNSS Classification

• Imprisonment for not less than 2 years but which may extend to 7 years and fine.
• Cognizable (only on the complaint of the victim)
• Bailable
• Triable by Court of Session