SECTION 376B

Heading of the Section: Sexual intercourse by husband upon his wife during separation

Overview: This section was added in the Indian Penal Code by the Criminal Law (Amendment) Act, 2013. This section talks about sexual intercource with a man’s own wife.

Scope of this section: This sections covers a married man who has a wife. The man’s all act of sexual intercourse which Section 375 of the Indian Penal Code provides for.

Punishment for Rape under 376B: When a married man has sexual intercource with this own wife, who is living separately, whether under a decree of separation or otherwise, and does the sexual intercourse with the consent of his wife, then he shall be punished with imprisonment of either description for a term which shall not be less than two (2) years, and which can be extended up to seven (7) years, and shall also be liable for a monetary fine.

Meaning of Sexual Intercourse in this Section: Secual intercourse in this section will include all the act which are provided in the Section 385 of the Indian Penal Code. They are -

1.   Penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her do so with him or any other person; or

2.   Inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her do so with him or any other person; or

3.   Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus, or any part of the body of such woman or makes her do so with him or any other person; or

4.   Applies his mouth to the vagina, anus, urethra of a woman or makes her do so with him or any other person.

Classification of the Offence under Schedule 1 Cr.P.C.