| Category of Bare Act | Name of the Act | Year of Promulgation |
|---|---|---|
| Criminal Laws | Indian Penal Code | 1860 |
| Act Number | Enactment Date | Chapter Number |
| 45 | 06.10.1860 | 16 |
| Chapter Title | Sub-Chapter | Legislated by |
| Of Offence Affecting The Human Body | - | Parliament of India |
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.
| Offence Description | Punishment provided | Cognizable/Non-Cognizable |
|---|---|---|
| exual intercourse by husband upon his wife during separation | Imprisonment for not less than 2 years but which may extend to 7 years and with fine. | Cognizable (but only on the complaint of the victim) |
| Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
| Bailable | Court of Session | Non-Compoundable |
| Compoundable by Whom | Concerned Ministry | Concerned Department |
| Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |