IPC 376B vs BNS 376B
● Retained in BNSSexual intercourse by a man with his minor wife
Section 376B of the Indian Penal Code, 1860, criminalizes sexual intercourse by a man with his wife when she is a minor (below 18 years). Even within marriage, the law recognizes that consent cannot be legally given by a minor, making such acts punishable as rape.
Key points:
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Applies to husbands and minor wives under 18 years.
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Consent of a minor is legally invalid for sexual intercourse.
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Punishment: Imprisonment of 10 years to life and fine.
For example, if a man has sexual intercourse with his 16-year-old wife, it is punishable under IPC 376B. The provision ensures protection of minor girls from marital sexual abuse, reflecting the principle that marriage does not justify sexual exploitation of minors.
Sexual intercourse by a man with his minor wife
Section 376B of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 376B. It punishes sexual intercourse with a minor wife, ensuring the same protection for minors under marriage.
Key points:
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Protects minor girls under 18 years from marital sexual abuse.
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Punishment remains 10 years to life imprisonment and fine.
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Covers acts regardless of marital consent if the girl is underage.
For instance, a man engaging in sexual intercourse with his underage wife is liable under BNS 376B. This provision strengthens child protection within marriage, making it clear that minors cannot consent to sexual acts, even with their husbands.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 376B to BNS BNS 376B.