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IPC 376B → BNS 67: Rape (Separated Husband)

IPC Section 376B (Rape (Separated Husband)) under the old Indian Penal Code 1860 is now covered under Section 67 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

376B

Rape (Separated Husband)

Sexual intercourse by husband upon his wife during separation

New Law — BNS 2023

67

Rape (Separated Husband)

Punishment / Liability
Same - Up to 7 years
Key Change / Note
No major change

Facing a case under BNS 67?

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Quick Summary: IPC 376B vs BNS 67

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 376B (Rape (Separated Husband)) is now mapped to BNS Section 67.

What did IPC 376B cover?

IPC 376B dealt with rape (separated husband)sexual intercourse by husband upon his wife during separation. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 67: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to rape (separated husband) are filed under BNS Section 67. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 67

Same - Up to 7 years

Practical implications for advocates, police & citizens

  • Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 67 instead of IPC 376B.
  • Police officers: Use BNS 67 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 376B ↔ BNS 67 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 376B?

IPC Section 376B (Rape (Separated Husband)) is now covered under Section 67 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 67?

Same - Up to 7 years

What is the key difference between IPC 376B and BNS 67?

No major change

Is IPC 376B still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.

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