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Report No. 172

3.3.1. Modification in section 376A of the IPC recommended.-

Accordingly, section 376A shall read as follows: -

"376A. Sexual assault by the husband upon his wife during separation.- Whoever commits sexual assault upon his 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 shall not be less than two years and which may extend to seven years and shall also be liable to fine."

3.4. Amendment of Section 376B, 376C and 376D: Having regard to the gravity of these offences, we recommend enhancement of punishment - with a minimum punishment of not less than five years. We have also added an Explanation which will govern all these three sections. The Explanation defines "sexual intercourse" to mean any of the acts mentioned in clauses (a) to (e) of section 375. Explanation to section 375 will however apply even in the case of sexual intercourse as defined by the Explanation to this section.

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