Bharatiya Nyaya Sanhita: Section 67 – Sexual intercourse by husband upon his wife during separation

Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 63.

Simplified Explanation

Section 67 of the Bharatiya Nyaya Sanhita (BNS) addresses the issue of sexual intercourse by a husband with his wife when they are legally separated. This section establishes that any non-consensual sexual intercourse by a husband with his wife during a period of separation is a criminal offense, recognizing the wife’s right to autonomy and consent even within marriage.

Key Elements of Section 67

1. Applicability of Section 67
   • This section applies specifically to cases where:
     • A husband engages in non-consensual sexual intercourse with his wife during a period of legal separation.
     • The couple is separated under legal arrangements, such as a court order or mutual agreement for separation, indicating that they are not living together as a married couple.
   • Section 67 recognizes that the wife’s consent is essential and that separation implies a cessation of conjugal rights and duties, including sexual relations.
2. Definition of Legal Separation
   • Legal separation refers to a situation where a husband and wife are formally separated, either through a court order, legal agreement, or mutual arrangement that ends the regular marital obligations temporarily or permanently.
   • The law acknowledges that during this period, the wife has full autonomy over her person, and any sexual relations must be consensual.
3. Consent as a Key Factor
   • Section 67 emphasizes that consent is mandatory for any sexual intercourse, even within marriage, during a period of legal separation.
   • The absence of consent during separation is treated as a violation of the wife’s rights, and any forced sexual intercourse is classified as a criminal offense.
4. Punishment under Section 67
   • The husband who engages in non-consensual intercourse with his separated wife may face imprisonment for up to two years, a fine, or both.
   • This penalty underscores the seriousness of violating the wife’s consent and autonomy, recognizing that marriage does not absolve one from respecting the rights of the other partner, especially in times of separation.
5. Examples of Offenses under Section 67
   • Example 1: A husband forcibly engages in sexual intercourse with his wife while they are legally separated due to a court order. Under Section 67, he may be prosecuted and penalized for non-consensual sexual intercourse.
   • Example 2: A couple has mutually agreed to separate, but the husband forces himself on his wife without her consent during this period. This act could be punishable under Section 67, emphasizing her right to refuse.
6. Purpose of Section 67
   • The purpose of Section 67 is to:
     • Protect the autonomy and bodily integrity of wives, even within the marital relationship, when separated.
     • Reinforce that marital status does not override consent and that separation grants both spouses the right to make independent choices regarding their physical relationship.
     • Deter forced sexual acts within marriage during periods of legal separation, promoting respect and adherence to legal boundaries.
7. Respect for Marital Autonomy
   • Section 67 acknowledges the importance of respecting each partner’s rights within a marriage, particularly during separation when regular marital obligations are not applicable.
   • This provision supports the idea that marriage is based on mutual respect and consent, and separation requires respecting each individual’s boundaries and autonomy.

Importance of Section 67

Section 67 is significant because it reinforces the importance of consent within marriage, especially during legal separation. By recognizing forced intercourse during separation as a punishable offense, this section affirms the wife’s right to autonomy and underscores the law’s commitment to upholding dignity and personal boundaries within marital relationships.

In summary, Section 67 of the BNS establishes that non-consensual sexual intercourse by a husband with his wife during a period of legal separation is a criminal offense, punishable by up to two years of imprisonment, a fine, or both. This provision upholds the principles of consent and respect within marriage, ensuring that separation is honored as a period of personal autonomy for both partners.