Is forceful intercource with wife an offence?

Guest (Querist) 07 June 2011 This query is : Resolved
As per Indian Law, is forceful intercourse with wife an offence? If yes, under which section,ie. rape,mental cruelty, does it come?

Follow Query

Report Abuse

Guest (Expert) 07 June 2011
yes the person will be held guilty under section 376 of IPC and imprisonment is for 2 years or fine or both

R.Ramachandran (Expert) 07 June 2011
Dear Mr. Sachdev,
What is the basis on which you say so?

Advocate. Arunagiri (Expert) 07 June 2011
IPC.
376A. Intercourse by a man with his wife during separation.—
Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

Guest (Expert) 07 June 2011
this is given in the definition of 376 IPC clearly for you Mr Ramachandran. Mr. Arunagiri this is not in the 376 A it is in the main definition of 376.

R.Ramachandran (Expert) 08 June 2011
Agreed Mr. Sachdev,
Thanks.

Guest (Querist) 08 June 2011
If they are not under Judicial seperation and no other cases exists between them. In such a situation is forceful sex punishable offence?

Guest (Expert) 08 June 2011
yes this is the offence punishable under section 376 IPC

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries