Legal provisions regarding Intercourse by a man with his wife during separation under section 376A of Indian Penal Code, 1860.
Intercourse by a man with his wife during separation:
Section 376-A of the IPC states that: “Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine”.
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ADVERTISEMENTS:
This section has been substituted by the Indian Penal Code (Amendment) Act, 1983 with effect from 25 December, 1983. There is no longer a rule of law that a wife is deemed to have consented irrevocably to sexual intercourse with her husband; and that, therefore, a husband can be convicted of the rape if he has sexual intercourse with his wife, who is living separately from him under a decree of separation or under any custom or usage without her consent.
According to Section 376(1) of the Code, if the woman raped is the wife of the man who is below 15 years, but above 12 years of age, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.
Offence under Section 376-A of I.PC., is non-cognizable, bailable and is triable by the Court of Session.