Section 67 BNS: Sexual Intercourse by Husband Upon His Wife During Separation
Section 67 of the Bharatiya Nyaya Sanhita, 2023 applies where a husband has sexual intercourse with his wife while she is living separately, whether under a decree of separation or otherwise, and does so without her consent.
What does Section 67 BNS provide?
The provision criminalises sexual intercourse by a husband with his wife when she is living separately and does not consent. The separation may be under a formal decree or may otherwise exist in fact.
| Element | Requirement |
|---|---|
| Relationship | The accused is the husband of the woman. |
| Living arrangement | The wife is living separately, whether under a decree of separation or otherwise. |
| Consent | The sexual intercourse is without her consent. |
| Punishment | Imprisonment of either description for not less than 2 years and up to 7 years, and fine. |
Text of Section 67, Bharatiya Nyaya Sanhita, 2023
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.
Meaning of "sexual intercourse" under Section 67
The Explanation to Section 67 expressly adopts the acts set out in clauses (a) to (d) of Section 63. Those clauses cover specified forms of penetration, insertion, manipulation causing penetration, and oral application to the specified parts of the body.
Meaning of living separately
The statutory language is broader than separation under a court decree. It covers a wife who is living separately "whether under a decree of separation or otherwise." Accordingly, a formal judicial separation order is not the only situation contemplated by the section.
Consent under Section 67
Lack of consent is an express ingredient of Section 67. The prosecution must therefore establish that the act occurred without the wife's consent in addition to establishing the marital relationship and separate living arrangement.
Punishment under Section 67 BNS
The punishment is imprisonment of either description for a minimum term of two years, which may extend to seven years, together with fine.
Cognizance under Section 221 BNSS
Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a specific cognizance rule for an offence punishable under Section 67 BNS where the persons are in a marital relationship. A court may take cognizance only upon prima facie satisfaction of the facts constituting the offence on a complaint filed or made by the wife against the husband.
Relationship with Section 63 BNS
Section 63 BNS contains the statutory definition of rape and describes the acts referred to in Section 67. Section 67 is a separate offence dealing specifically with sexual intercourse by a husband with his wife during separation without her consent.
Related BNS provisions
Related provisions include Section 64 on punishment for rape, Section 68 on sexual intercourse by a person in authority, Section 69 on sexual intercourse by employing deceitful means, and Section 70 on gang rape.
Official legal references
For the authoritative statutory text, refer to the India Code database. The Ministry of Home Affairs New Criminal Laws page provides official material on the BNS, BNSS and BSA and their commencement.
Note: This page reproduces and explains the statutory provision for general legal information. The applicable legal position in an individual matter may depend on the facts, date of occurrence, procedural provisions and binding judicial decisions.