Section 67 BNS: Sexual Intercourse By Husband Upon His Wife During Separation

The newly enacted Bharatiya Nyaya Sanhita, 2023 (BNS) is a progressive step in modernizing India’s criminal justice system . Among its notable provisions Section 67 BNS stands out as a significant legal safeguard for married women . This section criminalizes sexual intercourse by a husband with his wife during separation, if done without her consent.

Section 67 of BNS acknowledges that consent remains essential—even within marriage—especially when spouses are living separately. It reflects a shift in India’s legal framework toward respecting individual dignity and bodily autonomy, regardless of marital status.

The applied punishment under Section 67 BNS ranges from a minimum of two years to a maximum of seven years of imprisonment along with a fine . This change emphasizes that forced sexual relations during separation are not only immoral but now legally punishable.

This article explores the bare act, interpretation, essential elements, nature, judicial perspective, landmark rulings, and broader impact of Section 67 of Bharatiya Nyaya Sanhita, 2023.  Explore other important Judiciary Notes.

Section 67 of BNS

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Section 67 of BNS is a vital provision under the new criminal code that deals with non-consensual sexual acts by a husband with his wife during separation. The section makes it clear that marital status does not give the husband automatic rights over the wife’s body—especially if the couple is living apart.

This law applies when the wife is not cohabiting with her husband—either through legal separation or mutual arrangement. In such circumstances, if the husband engages in sexual intercourse without her consent, it amounts to a punishable offense under BNS Section 67.

As per the provision, section 67 BNS punishment involves imprisonment not less than two years and up to seven years, along with a fine. The section includes a reference to Section 63, which defines the term “sexual intercourse” in broad terms, encompassing oral, anal, and other non-vaginal acts—ensuring a wide legal net around non-consensual behavior. This highlights the 63 meaning sexually and its importance in interpreting Section 67 correctly.

Section 67 of the Bharatiya Nyaya Sanhita, 2023, deals with situations where the husband has sexual intercourse with his legally wedded wife while they are living separately, without her free and informed consent. The law imposes a strict penalty, emphasizing that consent is necessary at every stage, even within marriage.

Thus, Section 67 of Bharatiya Nyaya Sanhita, 2023 reshapes how consent in marital relationships is treated under criminal law.

Section 67 of BNS Essential Elements

For a case under Section 67 BNS to be valid, the following elements must be established:

• Valid Marital Status: The offender and victim must be legally married.
• Separation: The wife must be living separately. This includes separation under a legal decree or any mutual agreement.
• Lack of Consent: The sexual act must have occurred without the wife’s consent.
• Sexual Intercourse as Defined: The act must fall under clauses (a) to (d) of Section 63, covering a broad scope of penetrative acts.

All these conditions must be fulfilled concurrently. Importantly, the prosecution must prove that consent was clearly absent, and that the couple were not cohabiting at the time. This makes Section 67 BNS precise yet powerful.

BNS Section 67 criminalizes a situation that was previously controversial—non-consensual intercourse within marriage during separation. The nature of the offense is bailable but non-compoundable, meaning it cannot be settled between parties out of court.

So, is 67 BNS bailable or non-bailable? Legally, it is bailable, but the gravity of the offense may influence the court’s discretion on bail.

The offense is triable by a Court of Session reflecting its serious nature. It upholds the right to bodily integrity even within marriage, provided separation exists.

The scope is narrow but impactful. It doesn’t apply to cohabiting couples or consensual intercourse. The aim is to protect women from misuse of marital status by estranged husbands. This ensures that legal separation is respected and not undermined by assumptions of conjugal rights .Section 67 of BNS thus offers a specific yet vital shield for married women living apart.

Comparison: BNS vs IPC

Before BNS, similar conduct was covered under section 376B of  Indian Penal Code (IPC). The transition to Section 67 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Criteria	IPC Section 376B	BNS Section 67
Title	Sexual intercourse during separation	Sexual intercourse by husband upon wife during separation
Consent Emphasis	Yes	Yes (clearly reinforced)
Definition of Intercourse	Implicit	Defined under Section 63
Minimum Punishment	2 years	2 years
Maximum Punishment	7 years	7 years
Fine	Yes	Yes
Bailable or not?	Bailable	Bailable
Compoundable?	Non-compoundable	Non-compoundable
Trial Court	Court of Session	Court of Session

Section 67 of Bharatiya Nyaya Sanhita, 2023 brings clarity, especially with cross-references to Section 63.

Section 67 of BNS Judicial Interpretation

Since Section 67 BNS is newly enacted, direct court rulings are awaited. However, its precursor, Section 376B IPC, received judicial attention. Courts affirmed that marriage does not override the requirement of consent, especially in cases of legal separation.

In Tukaram v. State of Maharashtra, the Supreme Court emphasized the need for clear and affirmative consent, regardless of relationship. In similar judgments under IPC, courts ruled that living separately invalidates the assumption of conjugal consent.

Thus, when judges interpret Section 67 BNS, they are likely to build upon this foundation. The focus remains on bodily autonomy, dignity, and consent. Future cases will likely shape how separation, consent, and the scope of marital rights are understood in legal practice.

Section 67 of BNS Landmark Cases 

As of now, there are no publicly reported or documented cases that are strictly adjudicated under Section 67 of the Bharatiya Nyaya Sanhita (BNS), 2023. This is primarily because the BNS came into effect on July 1, 2024, and legal proceedings under its provisions are still emerging.

However, Section 67 BNS closely mirrors Section 376B of the Indian Penal Code (IPC), which addressed non-consensual sexual intercourse by a husband with his wife during separation. Several cases under Section 376B IPC have set precedents that are relevant to the interpretation and application of Section 67 BNS.

For instance in the case of Deepak v. State of Madhya Pradesh (2022), the court held that even verbal resistance is sufficient to negate consent under IPC Section 376B. This judgment underscores the importance of clear and affirmative consent, a principle that is central to Section 67 BNS as well.

As the legal community continues to navigate the BNS, it is anticipated that future cases will provide more concrete interpretations and applications of Section 67 BNS, further shaping the legal landscape concerning marital rights and consent during separation.

Section 67 of BNS Legal Impact

The introduction of Section 67 of Bharatiya Nyaya Sanhita, 2023 is a landmark reform. It reinforces the message that marriage is not a license to ignore consent. The law protects separated women from coercion masked as marital privilege.

It aligns India with global human rights standards. International laws recognize marital rape during separation as a crime, and BNS Section 67 mirrors this progressive approach.

By clearly referencing Section 63 meaning sexually, it covers all penetrative acts—not just vaginal intercourse. It is inclusive, progressive, and detailed.

The section fills a gap in the IPC and strengthens women's rights under the Constitution. It also increases accountability, since legal separation now has protective value.

Conclusion

In conclusion, Section 67 BNS is a crucial step toward recognizing consent as central in all relationships, including marriage. It replaces vague standards with well-defined legal thresholds under the Bharatiya Nyaya Sanhita, 2023.

It ensures that non-consensual sexual intercourse during separation is no longer hidden or excused under the veil of marriage. With section 67 bns punishment clearly outlined and cross-references to Section 63, it offers clarity and structure.

For the first time, the Indian legal system explicitly recognizes the right of a separated spouse to refuse sexual advances—and criminalizes violations. This protects bodily autonomy and dignity while respecting the sanctity of marriage.

While 67 BNS bailable or non bailable may raise debate, its presence in law already marks societal progress. Section 67 of BNS stands as a legal tool for justice and respect in modern marital relationships.