• 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 3 years ago 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
3701 Answers
140 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
16279 Answers
151 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13128 Answers
280 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6391 Answers
71 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3701 Answers
140 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
62 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1343 Answers
93 Consultations
5.0 on 5.0
Sushil Jha
Advocate, Patna
190 Answers
2 Consultations
5.0 on 5.0