IPC 376A vs BNS 376A
● Retained in BNSIntercourse by a man with his wife during separation
Section 376A of the Indian Penal Code, 1860, deals with sexual intercourse by a man with his wife without her consent during the period of separation. It recognizes that marital consent is essential and that even a husband can be guilty of rape if intercourse occurs without the wife’s consent while legally or socially separated.
Key points:
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Applies to married women during separation.
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Consent must be freely given, and absence of consent makes the act punishable.
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Punishment: Rigorous imprisonment up to 2 years and fine, or as prescribed by law.
For example, if a husband engages in sexual intercourse with his wife during a court-sanctioned separation without her consent, it constitutes an offence under IPC 376A. The law emphasizes protection of bodily autonomy within marriage, particularly during periods of legal separation.
Intercourse by a man with his wife during separation
Section 376A of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 376A. It punishes any man who has sexual intercourse with his wife without her consent during separation, maintaining the same protective intent.
Key points:
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Protects married women during separation.
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Punishment remains rigorous imprisonment up to 2 years and fine.
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Covers acts done without consent, coercion, or threat.
For instance, engaging in sexual activity with a separated spouse without consent falls under BNS 376A. This provision ensures marital consent is respected and protects women’s autonomy during legal or social separation.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 376A to BNS BNS 376A.