IPC Section 376B: Intercourse by a man with his wife during separation
Indian Penal Code, 1860 · Chapter 16: Offences affecting the Human Body
Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
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 375.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 299. Culpable homicide
- 300. Murder
- 301. Culpable homicide by causing death of person other than person whose death was intended
- 302. Punishment for murder
- 303. Punishment for murder by life-convict
- 304. Punishment for culpable homicide not amounting to murder
- 304A. Causing death by negligence
- 304B. Dowry death
- 305. Abetment of suicide of child or insane person
- 306. Abetment of suicide
- 307. Attempt to murder
- 308. Attempt to commit culpable homicide
- 309. Attempt to commit suicide
- 310. Thug
- 311. Punishment
- 312. Causing miscarriage
- 313. Causing miscarriage without woman’s consent
- 314. Death caused by act done with intent to cause miscarriage
- 315. Act done with intent to prevent child being born alive or to cause it to die after birth
- 316. Causing death of quick unborn child by act amounting to culpable homicide
- 317. Exposure and abandonment of child under twelve years, by parent or person having care of it
- 318. Concealment of birth by secret disposal of dead body
- 319. Hurt
- 320. Grievous hurt
- 321. Voluntarily causing hurt
- 322. Voluntarily causing grievous hurt
- 323. Punishment for voluntarily causing hurt
- 324. Voluntarily causing hurt by dangerous weapons or means
- 325. Punishment for voluntarily causing grievous hurt
- 326. Voluntarily causing grievous hurt by dangerous weapons or means
- 326A. Voluntarily causing grievous hurt by use of acid etc
- 326B. Voluntarily throwing or attempting to throw acid
- 327. Voluntarily causing hurt to extort property, or to constrain to an illegal act
- 328. Causing hurt by means of poison, etc., with intent to commit an offence
- 329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act
- 330. Voluntarily causing hurt to extort confession, or to compel restoration of property
- 331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property
- 332. Voluntarily causing hurt to deter public servant from his duty
- 333. Voluntarily causing grievous hurt to deter public servant from his duty
- 334. Voluntarily causing hurt on provocation
- 335. Voluntarily causing grievous hurt on provocation
- 336. Act endangering life or personal safety of others
- 337. Causing hurt by act endangering life or personal safety of others
- 338. Causing grievous hurt by act endangering life or personal safety of others
- 339. Wrongful restraint
- 340. Wrongful confinement
- 341. Punishment for wrongful restraint
- 342. Punishment for wrongful Confinement
- 343. Wrongful confinement for three or more days
- 344. Wrongful confinement for ten or more days
- 345. Wrongful confinement of person for whose liberation writ has been issued
- 346. Wrongful confinement in secret
- 347. Wrongful confinement to extort property, or constrain to illegal act
- 348. Wrongful confinement to extort confession, or compel restoration of property
- 349. Force
- 350. Criminal force
- 351. Assault
- 352. Punishment for assault or criminal force otherwise than on grave provocation
- 353. Assault or criminal force to deter public servant from discharge of his duty
- 354. Assault or criminal force to woman with intent to outrage her modesty
- 354A. Sexual harassment and punishment for Sexual Harassment
- 354B. Assault or use of criminal force with intent to disrobe
- 354C. Voyeurism
- 354D. Stalking
- 355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation
- 356. Assault or criminal force in attempt to commit theft of property carried by a person
- 357. Assault or criminal force in attempt wrongfully to confine a person
- 358. Assault or criminal force on grave provocation
- 359. Kidnapping
- 360. Kidnapping from India
- 361. Kidnapping from lawful guardianship
- 362. Abduction
- 363. Punishment for kidnapping
- 363A. Kidnapping or maiming a minor for purposes of begging
- 364. Kidnapping or abducting in order to murder
- 364A. Kidnapping for ransom, etc
- 365. Kidnapping or abducting with intent secretly and wrongfully to confine person
- 366. Kidnapping, abducting or inducing woman to compel her marriage, etc
- 366A. Procreation of minor girl
- 366B. Importation of girl from foreign country
- 367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc
- 368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person
- 369. Kidnapping or abducting child under ten years with intent to steal from its person
- 370. Trafficking of person
- 370A. Exploitation of a trafficked person
- 371. Habitual dealing in slaves
- 372. Selling minor for purposes of prostitution, etc
- 373. Buying minor for purposes of prostitution, etc
- 374. Unlawful compulsory labour
- 375. Rape
- 376. Punishment for rape
- 376A. Punishment for causing death or resulting in persistent vegitative state of victim
- 376AB. Punishment for rape on woman under twelve years of age
- 376C. Intercourse by person in authority
- 376D. Gang Rape
- 376DA. Punishment for gang rape on woman under sixteen years of age
- 376DB. Punishment for gang rape on woman under twelve years of age
- 376E. Punishment for repeat offenders
- 377. Unnatural offences [Declared Unconstitutional by Supreme Court]