BNS Section 67 - Sexual Intercourse By Husband Upon His Wife During Separation

Section 67 of The Bharatiya Nyaya Sanhita (BNS) of 2023 provides a legal safeguard for a wife who is living separately from her husband, ensuring that her bodily autonomy and dignity are respected even while the marriage legally subsists. It explicitly criminalizes a husband having non-consensual sexual intercourse with his separated wife. This provision underscores the principle that marital status does not negate the requirement of consent, particularly when the spouses are not cohabiting. And provision is not new in substance; BNS Section 67 has replaced IPC Section 376B, and the offence remains the same in the new law. The law treats this as a punishable offence, with imprisonment from 2 to 7 years or a fine.

Simplified Explanation of BNS Section 67

BNS Section 67 addresses the offence of a husband engaging in sexual intercourse with his own wife when she is living separately from him, regardless of whether the separation is under a formal decree or simply an arrangement, if it is done without her consent.

The key components of this section are:

1. Relationship: The act must be committed by a husband upon his own wife.
2. Separation: The wife must be living separately from the husband, either under a formal decree of judicial separation or simply by mutual or informal arrangement.
3. Lack of Consent: The sexual intercourse must be done without the wife's consent.
4. Punishment: The offense is punishable with imprisonment for a term that shall not be less than two years but may extend to seven years, and the husband shall also be liable to a fine.

The "Explanation" within the section clarifies that "sexual intercourse" will include all the acts mentioned in clauses (a) to (d) of Section 63 of the BNS, which covers various forms of penetrative acts.

Practical Examples Illustrating BNS Section 67

• Example 1 (Formal Separation): A and B are legally married but living separately under a decree of judicial separation. A forces himself upon B, against her will, during a visit. Since B is living separately under a decree and did not consent to the act, A is guilty of an offense under BNS Section 67.
• Example 2 (Informal Separation): C and D are married but have been living apart in separate cities for six months following a marital dispute, though no formal court decree is in place. C visits D's residence and has sexual intercourse with her forcefully, without her permission. C has committed the offense under BNS Section 67 because D was living separately and the act was non-consensual.

Key Improvements and Changes: IPC 376B to BNS 67

The core offense remains the same, but the transition from IPC Section 376B to BNS Section 67 reflects the overall structural reorganization and modernization of the criminal code.

Practical Examples Illustrating BNS Section 67

BNS Section 67 is invoked in scenarios where the separation status makes the wife’s sexual autonomy inviolable:

• Post-Divorce Petition: A couple files for divorce and lives in separate residences. The husband enters the wife's new apartment and forces himself upon her against her will. This constitutes an offense under BNS Section 67.
• Separation Agreement: A husband and wife are living separately under a mutual deed of separation. The husband visits the wife’s home uninvited and, despite her clear verbal refusal and resistance, engages in sexual intercourse.
• Judicial Separation: The wife has obtained a court order for judicial separation. The husband forcibly enters her premises and commits the act.

Conclusion

In all these cases, the offense is Sexual intercourse by a husband upon his wife during separation, punishable under BNS Section 67.

Protecting your personal boundaries is a fundamental right, even within a marriage. BNS Section 67 serves as a vital legal shield for women living separately from their husbands, ensuring that their consent is respected and their bodily autonomy is upheld by law. By replacing the old IPC Section 376B, this new law clarifies that a husband can be held criminally liable for non-consensual acts during separation. Knowing these laws is the first step toward safety and justice. If you or someone you know is facing such a situation, remember that the law provides a clear path to hold the offender accountable. Staying informed about the Bharatiya Nyaya Sanhita (BNS) helps ensure that no woman has to suffer in silence.

Disclaimer: This article is for general information only and does not serve as legal advice. Laws can vary based on specific facts, so please consult with a qualified lawyer or legal professional regarding your individual case.