• Regarding 376A of IPC, Sexual Intercourse by Husband

Situation:
A. Wife filed a complaint of Dowry Harrassement (498-A of IPC)
B. Husband and Wife Living separetely at their parent's houses due the above case trial.
C. Husband Commited Rape forcibily with out the consent of Wife during the above period. 

Questions:
1. In the Above Situation, the 376-A of I.P.C is Applicable or Not?
2. Is 376-A of IPC is not applicable when the Husband and Wife are not separated Legally?
Asked in Criminal Law from Bapatla, Andhra Pradesh
Dear Querist
No, 376A will not be applicable but 376B of IPC will be applicable.
Nadeem Qureshi
Advocate, New Delhi
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