Section 67 of the Bharatiya Nyaya Sanhita, 2023: Addressing Non-Consensual Marital Intercourse During Separation

The Bharatiya Nyaya Sanhita (BNS), which will take effect in 2023, is a substantial change in India’s criminal law. It will replace the Indian Penal Code, which was enacted during the colonial era. One of its progressive measures is Section 67, which makes it illegal for a husband to engage in sexual activity with his wife during periods of separation if the couple does not have consent to the relationship. This part of the article emphasizes the significance of consent within the context of marriage, particularly in situations where the spouses are living apart.

Comprehending the subject of Section 67

In accordance with the provisions of Section 67, a man is subject to a penalty of imprisonment for a period of time ranging from a minimum of two years to a maximum of seven years, as well as a fine, if he engages in sexual intercourse with his wife while she is living separately, regardless of whether the separation is recognized by a formal decree or not. In this context, the phrase “sexual intercourse” refers to the acts that are specified in paragraphs (a) to (d) of Section 63. These clauses contain a variety of sexual acts that are not performed with the consent of the individual.

Examples of Illustrative Scenarios

Take into consideration a scenario in which Raj and Meera, a married couple, are living apart due to marital strife, but there is no official court ruling dictating their separation. Under Section 67 of the BNS, Raj would be held accountable for sexual misconduct if he paid Meera a visit and then engaged in sexual activity with her without first obtaining her consent. It is acknowledged under this section that permission is of the utmost importance, regardless of whether or not the parties are married or living together.

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Implications and Significance from a Legal Perspective

The British National Service acknowledges the autonomy and bodily integrity of persons within a marriage with the enactment of Section 67. The former legal rules, which frequently ignored non-consensual activities that occurred within marriage, have been replaced by this new legal norm. Nevertheless, it is essential to keep in mind that this rule is expressly geared toward situations in which couples are living apart from one another; activities that occur within cohabiting marriages that are not consented to by either party are not included in this regulation. The number 20.

The development of Section 67 of the Bharatiya Nyaya Sanhita, 2023, is a step in the right direction towards ensuring that consent continues to be an essential component of all sexual relationships, including those that take place within marriage. The law recognizes the significance of individual autonomy and the requirement of permission by making it illegal to engage in sexual acts that are not consented to during periods of separation. This establishes a precedent for subsequent talks on the rights and protections that pertain to marriage.