BNS Section 67: Sexual intercourse by a husband upon his wife during separation (2026)
What Section 67 of the Bharatiya Nyaya Sanhita (BNS) covers, how it maps to Section 376B of the old Indian Penal Code (IPC), the punishment, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 67 of the Bharatiya Nyaya Sanhita (BNS) deals with a narrow but important situation. It punishes a husband who has sexual intercourse with his wife, who is living separately, without her consent. It replaced Section 376B of the Indian Penal Code (IPC) from 1 July 2024. The punishment is imprisonment of not less than two years, up to seven years, and a fine. This explainer sets out what Section 67 covers, how it maps to the old IPC provision, the punishment, and how the offence is classified. Last verified October 2026.
- New section: intercourse by a husband upon his separated wife without consent is Section 67 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 376B of the IPC.
- Punishment: imprisonment of two to seven years, and a fine.
- Classification: cognizable on the wife complaint, bailable, triable by the Court of Session.
01Why this section matters
When a husband and wife are living apart, the marriage still exists, but the wife has not agreed to live together. Section 67 of the BNS protects her choice during that period. It makes it an offence for the husband to have sexual intercourse with her, during separation, without her consent.
This matters because consent does not flow automatically from marriage once the parties are living separately. The section gives a clear criminal remedy for that specific situation. For any offence committed on or after 1 July 2024, it is charged under Section 67 of the BNS, not Section 376B of the IPC.
02What Section 67 covers
Section 67 applies where all of these are present: the accused is the husband, the wife is living separately (whether under a decree of separation or otherwise), the act is sexual intercourse, and it is without her consent. The separation can be by a court order or by an arrangement between the parties. The key is that the wife is not living with the husband and has not consented.
This is a separate and lesser offence than rape under the general law. The law treats intercourse by a husband upon a separated wife without consent as its own distinct wrong, with its own punishment.
A specific offence, not general rape
Section 67 is confined to a husband and a wife living separately. It is one of a group of sexual offences in the BNS. The identity of a victim of these offences is itself protected, which is covered by Section 72 of the BNS on disclosure of a victim identity.
03Key ingredients
To prove an offence under Section 67, these elements must be made out:
- The relationship: the accused is the husband of the woman.
- Living separately: the wife is living apart, under a decree of separation or under any other arrangement.
- The act: sexual intercourse takes place.
- No consent: the wife did not consent to the act.
Consent is the heart of the section. If the wife consented, the offence is not made out. The separation sets the context in which her consent has to be specifically present.
04Old to new: IPC 376B to BNS 67
Section 376B of the IPC is now Section 67 of the BNS. The offence and the punishment are carried over, so the change here is mainly the section number.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Provision | Section 376B | Section 67 |
| Conduct punished | Husband and separated wife, intercourse without consent | Same |
| Imprisonment | Two to seven years | Two to seven years |
| Fine | Yes | Yes |
Because the text is carried over, decisions under Section 376B of the IPC continue to guide how Section 67 is read.
05Punishment and classification
The punishment under Section 67 is imprisonment of either description for a term which shall not be less than two years, but which may extend to seven years, and a fine. So the court must award at least two years on conviction.
On classification, the offence under Section 67 is:
- Cognizable: the police can act, but only on a complaint by the wife (the victim).
- Bailable: bail is available as provided by law.
- Triable by the Court of Session.
Complaint by the wife is the trigger
The offence is cognizable, but the police take cognizance on the complaint of the wife. This keeps the decision to prosecute with the person the section is built to protect.
06What changed from the old law
For Section 67, the change is mostly the number. The elements, the two to seven year term, the fine, and the role of the wife complaint are carried over from Section 376B of the IPC. So if you still search for "376B IPC", Section 67 of the BNS is the provision you now need.
Because the substance is unchanged, old case law still applies. To look up how courts have read intercourse by a husband upon a separated wife, see case search across Indian courts.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A Section 67 matter is sensitive and moves from the wife complaint through charge to trial before a Sessions court. With Claw you can pull every reported ruling on consent and separation, whether it was decided under the old Section 376B or the new Section 67, and then follow a current matter by the parties or the advocate on record. Its index runs to 30 crore and more judgments, drawn from the Supreme Court back to 1950 and the High Courts back to 1990, and it maps cases, orders and hearings across 9,102 courts, benches and forums, returning a search in under 5 seconds.
Your case files stay yours, because Claw never feeds customer documents into the training of its AI models. Open a free Claw account and start tracing how Section 67 is being read, court by court.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- Section 67, BNS (bare text): devgan.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 376B IPC in the BNS?
Section 376B of the IPC is now Section 67 of the Bharatiya Nyaya Sanhita, 2023. It punishes a husband who has sexual intercourse with his wife, living separately, without her consent.
What is the punishment under BNS Section 67?
Imprisonment of either description for a term of not less than two years, extendable to seven years, and a fine. The court must award at least two years on conviction.
Does Section 67 apply only during a court-ordered separation?
No. The section applies where the wife is living separately under a decree of separation or otherwise. An arrangement to live apart, without a court order, can be enough.
Is an offence under Section 67 bailable?
Yes. Section 67 is classified as bailable. It is cognizable, but the police act on the complaint of the wife, and it is triable by the Court of Session.
Does old case law on Section 376B still apply?
In large part, yes. Because the elements and punishment are carried over, decisions under Section 376B of the IPC continue to guide how Section 67 of the BNS is read.
Can I track a case under Section 67 in Claw?
Yes. Claw tracks a Section 67 matter by the parties or the advocate on record and surfaces its orders and hearings as they are listed across 9,102 courts, benches and forums, with each search done in under 5 seconds. It researches and follows the case; it does not give legal advice.