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,…
Choose your answer
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?
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.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Maharashtra Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision