• 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
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