C being the wife of B, has obtained a decree of separation from the competent Court but they are still living in the same premises. B subjects C to Intercourse. Their neighbour A watches the act and files an FIR. Which proposition is correct in these circumstances:
Verified Answer
A. B is guilty of the offence punishable under Section 376B IPC
B. B is not guilty of any offence because C continues to be his legally wedded wife
C. A would be guilty of the offence punishable under Section 354C IPC
D. None of the above
Explanation:
Section 376B of the Indian Penal Code specifically addresses sexual intercourse by a husband with his wife during separation. It states that whoever has sexual intercourse with his own wife, who is living separately from him under a decree of judicial separation or any other order of a competent Court, without her consent, shall be punished. Since C has obtained a decree of separation and B subjects her to intercourse, B is guilty under this section.