Legal Provisions of Section 376A of Indian Penal Code, 1860.
Intercourse by a man with his wife during separation:
This section, added in the Code by the Criminal Law (Amendment) Act, 1983, makes sexual intercourse by a man with his wife during separation a punishable offence. It says that whoever has sexual intercourse with his own wife, who is living separately from him either under a decree of separation or under any custom or usage, without her consent shall be punished with simple or rigorous imprisonment for a term extending up to two years and shall also be liable to fine. The section is attracted when a man has sexual intercourse with his own wife but without her consent and when she is living separately from him either under a decree of separation or under any custom or usage.
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The offence under this section is non-cognizable and bailable, and is triable by court of session.