Introduction of BNS 67
BNS 67 is a legal provision that addresses the issue of non-consensual sexual intercourse by a husband with his wife during a period of separation. It emphasizes the importance of consent within marriage, particularly when the couple is living separately. This section ensures that even within the marital relationship, a woman’s autonomy and dignity are protected.
The Bharatiya Nyaya Sanhita (BNS) Section 67 replaces the old Indian Penal Code (IPC) Section 376B .
- Introduction of BNS 67
- What is section 67 of BNS ?
- BNS Section 67 in Simple Points
- Section 67 BNS Overview
- BNS 67 Punishment
- BNS 67 bailable or not ?
- Bharatiya Nyaya Sanhita Section 67
- BNS Section 67 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 67 of BNS ?
BNS Section 67 is a legal provision that criminalizes non-consensual sexual intercourse by a husband with his wife while they are living separately. It mandates a minimum imprisonment of two years, which may extend to seven years, along with a fine. This section is crucial in upholding the dignity and autonomy of women within the context of marriage.
BNS Section 67 in Simple Points
BNS Section 67 addresses the issue of non-consensual sexual intercourse by a husband with his wife during their separation. It criminalizes such acts, enforcing a punishment of imprisonment ranging from two to seven years, along with a fine. This law protects a woman’s right to consent within marriage, even during periods of separation.
Marital Consent
This section specifically criminalizes non-consensual sexual intercourse by a husband with his wife during separation. It makes it clear that separation changes the legal boundaries of marriage, and the husband cannot assume consent. The law places the woman’s autonomy and right to say no at the center, even within marital ties.
Minimum Imprisonment
If a husband is found guilty under Section 67, he faces a minimum punishment of two years imprisonment. This ensures that even the least severe cases are not overlooked and carry real consequences.
Maximum Imprisonment
Depending on the gravity of the offence, the punishment can extend up to seven years of rigorous imprisonment. The court has the discretion to increase the sentence based on the seriousness of the act, repeated offences, or the impact on the victim.
Fine
In addition to imprisonment, the offender is also required to pay a fine. This fine serves both as an additional penalty and as a way to support the victim for her medical, legal, or rehabilitation needs arising out of the incident.
Women’s Rights Protection
The most important aspect of Section 67 is its recognition of women’s rights and autonomy within marriage. It reinforces that a woman’s consent is essential and cannot be ignored, even by her husband during separation. This provision ensures that marital ties cannot be misused as a shield to justify non-consensual acts.
Section 67 BNS Overview
BNS Section 67 is a legal provision that criminalizes non-consensual sexual intercourse by a husband with his wife while they are living separately. It mandates a minimum imprisonment of two years, which may extend to seven years, along with a fine. This section is crucial in upholding the dignity and autonomy of women within the context of marriage.
BNS Section 67 : 10 Key Points
Legal Protection for Women
BNSS Section 67 is designed to ensure that a woman’s right to bodily autonomy and consent remains protected, even within marriage. It applies specifically when the husband and wife are living separately, whether due to judicial separation, mutual agreement, or other legal reasons. The section recognizes that separation creates a legal boundary, and the husband does not have the right to force sexual relations against his wife’s will. This provision strengthens the protection of women within the institution of marriage by making their consent a legal requirement.
Criminalizing Non-Consensual Acts
One of the most significant aspects of this section is that it criminalizes non-consensual sexual intercourse by a husband during separation. Traditionally, marital rape has been excluded from the definition of rape in Indian law, but Section 67 acknowledges that when a couple is legally separated, consent becomes as important as in any other relationship. Thus, forcing sex during separation is not treated as a private matter but as a criminal act punishable under law.
Minimum Punishment
To underline the seriousness of this offence, the law mandates a minimum imprisonment of two years for the convicted husband. This minimum sentence ensures that courts cannot impose a light or symbolic punishment, thereby guaranteeing accountability and justice for the victim.
Extended Punishment
Depending on the severity of the case and the impact on the victim, the punishment can be extended up to seven years of imprisonment. This wider range allows courts to assess the circumstances carefully—considering factors such as the degree of coercion, repeat offences, or the level of harm caused—before deciding the final punishment.
Imposition of Fine
In addition to imprisonment, the convicted husband is also liable to pay a fine. The fine serves as both an additional penalty and a means to provide financial relief or support to the victim, especially considering the physical and emotional trauma caused by the act. It reinforces the seriousness of the offence by combining both imprisonment and monetary consequences.
Cognizable Offense
The offence under Section 67 is classified as cognizable, which means that the police have the authority to register a case and investigate it. However, to protect against misuse and to respect the privacy of the marital relationship, legal proceedings can only be initiated on the complaint of the wife herself. This balances the woman’s right to justice with safeguards against false accusations.
Bailable Offense
Unlike many other sexual offences, this one is categorized as bailable, which means that once a complaint is filed, the accused husband may be released on bail by the court. The reasoning here is that while the offence is serious, it still occurs within the sensitive context of marriage and separation, so the law allows some room for judicial discretion.
Non-Compoundable Offense
The law makes this a non-compoundable offence, meaning that the case cannot be withdrawn or settled privately outside of court. Once a complaint is made, the matter must proceed through the legal system. This ensures that the dignity of the woman is protected and that justice is pursued as a matter of public interest rather than left to private negotiation.
Court of Session Trial
Cases under Section 67 are triable by a Court of Session, which is the higher criminal court in the district. By assigning the case to such a court, the law ensures that these offences are given serious judicial attention, with trials handled by judges experienced in grave criminal matters.
Emphasis on Consent
Perhaps the most important aspect of Section 67 is its emphasis on consent, even within marriage. The section makes it clear that separation does not give the husband a legal or moral right to force sex on his wife. It sends a strong message that consent remains central to marital relations, and women’s rights and dignity must be respected under all circumstances.
BNS 67 Punishment
Imprisonment: The law mandates imprisonment for a minimum of two years, which can extend to seven years.
Fine: Along with imprisonment, the convicted husband is also liable to pay a fine.
BNS 67 bailable or not ?
BNS Section 67 is bailable, meaning the accused can be released on bail, but this is contingent upon the victim filing a complaint.
Bharatiya Nyaya Sanhita Section 67
| Section | Offense | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | Triable by Court |
|---|---|---|---|---|---|
| 67 | Sexual intercourse by husband upon his wife during separation | Imprisonment (2 to 7 years) and fine | Cognizable (only on the complaint of the victim) | Bailable | Court of Session |
BNS Section 67 FAQs
What is the minimum punishment under Section 67?
The minimum punishment is two years of imprisonment.
What is the maximum punishment under this section?
The maximum punishment is seven years of imprisonment.
Is a fine imposed along with imprisonment?
Yes, a fine is imposed in addition to imprisonment.
Is the offense bailable?
Yes, the offense is bailable, but only if the victim files a complaint.
Can the case be settled out of court?
No, the offense is non-compoundable, meaning it must be tried in court.
Which court handles cases under Section 67?
The case is triable by a Court of Session.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.