IPC Section 376B. Intercourse by a man with his wife during separation

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