Previously Section 376B of the Indian Penal Code (IPC)
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.
Classification of Offence as per Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Punishment:
- 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