Section 67 of BNS 2023: Penalties for Non-Consensual Sexual Intercourse with a Separated Spouse

Overview

Section 67 of BNS 2023 addresses the crime of non-consensual sexual intercourse committed by a man with his wife who is living separately, either under a decree of separation or otherwise. This section ensures that such acts are treated as serious offenses, with appropriate penalties.

Punishment

• Imprisonment: Not less than two years, extendable to seven years.
• Fine: Additional financial penalties may be imposed.

Key Elements

1. Non-Consensual Sexual Intercourse:
   • The husband engages in sexual intercourse with his wife without her consent.
   • The wife is living separately from the husband, whether under a decree of separation or otherwise.
2. Definition of Sexual Intercourse:
   • Includes any of the acts mentioned in clauses (a) to (d) of Section 63:
     • Penetration of the penis into the vagina, mouth, urethra, or anus.
     • Insertion of any object or body part, other than the penis, into the vagina, urethra, or anus.
     • Manipulation of any body part causing penetration.
     • Oral contact with the vagina, anus, or urethra.

Legislative Intent

The legislative intent behind Section 67 of BNS 2023 is to protect the rights and bodily autonomy of women living separately from their husbands. By criminalizing non-consensual sexual intercourse in such circumstances, the law aims to uphold the dignity of women and ensure justice for victims.

Conclusion

Section 67 of BNS 2023 is crucial for safeguarding the rights of women living separately from their husbands. By defining clear penalties for non-consensual sexual intercourse, the section promotes justice and deters such offenses.