Section 67 BNS: Sexual intercourse by husband upon his wife during separation

Section 67 BNS | BNS 67

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.

READ OTHER SECTIONS OF CHAPTER V — OF OFFENCES AGAINST WOMAN AND CHILD

FAQs of BNS Section 67

  1. 67 BNS punishment and fine

    Punishment and fine under Section 67 of the BNS: Imprisonment for not less than 2 years but which may extend to 7 years and fine.

  2. 67 BNS cognizable or not

    The offence under Section 67 of the BNS is Cognizable (only on the complaint of the victim).

  3. 67 BNS bailable or not

    The offence under Section 67 of the BNS is bailable.

  4. 67 BNS trial court

    Offence specified in Section 67 of the BNS is triable by the Court of Session.

Important Points

  • Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.
  • Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.
  • Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • In the above FAQ, “trial court” means the court that has jurisdiction to try the offence.
  • In the above FAQ, the expression “Magistrate of the first class” and “Any Magistrate” does not include Executive Magistrates.

Read other Sections of the BNS

Reference Link: New Criminal Laws (BNS), Ministry of Home Affairs

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