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An adult husband and his adult wife live separately. He has sexual intercourse with her without her…

The wife is an adult and is living separately. Section 67 specifically criminalises intercourse by her husband without her consent while they are living separately,…

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An adult husband and his adult wife live separately. He has sexual intercourse with her without her consent. Which section of the Bharatiya Nyaya Sanhita, 2023 specifically criminalises the husband’s conduct?

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Answer and explanation

Correct answer B

The wife is an adult and is living separately. Section 67 specifically criminalises intercourse by her husband without her consent while they are living separately, including separation without a court decree.

The distinct rape definition in section 63 contains an exception for a wife aged eighteen or over.

Option feedback

Option A

Section 63 defines rape. Its second exception covers intercourse or sexual acts by a man with his wife aged eighteen or over.

Option B

Section 67 expressly covers a husband’s intercourse without consent with his wife who is living separately, whether under a decree of separation or otherwise.

Option C

Section 68 requires abuse of a position of authority or a fiduciary relationship. The stated facts do not establish that abuse.

Option D

Section 69 requires the specified deceitful means or false promise. The stated facts do not establish either.

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