Correct option is D
Section 376B of the Indian Penal Code, 1860, deals with the punishment for a husband engaging in sexual intercourse with his wife during the period of separation without her consent. This provision was introduced to address the issue of marital rape during separation, recognizing the wife's autonomy and rights even within the marriage context.
Information Booster:
1. Purpose: Section 376B aims to protect the wife’s dignity and bodily autonomy during the period of separation from her husband.
2. Penalty: The husband can face imprisonment for a term that may extend to seven years and shall also be liable to a fine.
3. Definition of Separation: Separation refers to situations where the husband and wife are living apart under a decree of separation, or in any other case where the separation is clearly evident.
4. Consent: The key element is the absence of consent from the wife, which makes the act punishable under this section.
5. Legal Recognition: This Section legally recognizes the right of a wife to refuse sexual relations during separation, underscoring her individual rights.
6. Judicial Interpretations: Courts have upheld this provision to ensure that the dignity and rights of women are protected even within the institution of marriage.
Additional Information:
Option (a): Section 376 A: This section pertains to the punishment for causing death or resulting in a persistent vegetative state of the victim, while committing rape.
Option (b): Section 376 C: This section deals with sexual intercourse by a person in authority, such as a public servant, superintendent, or manager, taking advantage of his official position.
Option (c): Section 376 D: This section pertains to gang rape, where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention.
Option (d): Section 376 B: This is the correct answer. Section 376B specifically addresses the issue of sexual intercourse by a husband with his wife during the period of separation without her consent.
