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

Quick Summary: IPC 376B vs BNS 67

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 376B deals with rape (separated husband), part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers rape (separated husband) as BNS 67 and, for several sexual and grievous-hurt offences, enhances the punishment.

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 for this offence 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, new complaints relating to rape (separated husband) are filed under BNS Section 67, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 67

Same - Up to 7 years

Practical implications for advocates, police & citizens

• Advocates: For rape (separated husband), the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 376B carefully to BNS 67.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new rape (separated husband) FIR is filed under BNS 67.
• Law students & citizens: Punishment for rape (separated husband) rises sharply with the seriousness of the harm and the victim — the IPC 376B to BNS 67 change does not lower it.