Highlights

  • SC to re-examine Delhi HC's split verdict on marital rape
  • Top court sends notice to Centre and others over please against Delhi HC's order
  • The matter will be taken for further hearing in February 2023

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Marital rape: SC agrees to reexamine Delhi High Court's split verdict, issues notice to Centre

Under the exception given in section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.

 

Marital rape: SC agrees to reexamine Delhi High Court's split verdict, issues notice to Centre

Marital Rape Case : The Supreme Court has issued notice to Centre and others on pleas against Delhi High Court's split verdict on criminalisation of marital rape.

The SC agreed to examine pleas relating to issue on criminalising marital rape. It has listed the matter in February 2023 for further hearing.

Under the exception given in section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.

Also watch: What marital rape verdict means: Delhi High Court's split judgment on husband exemption in IPC 375

The Delhi high court on May 11 delivered a verdict with one of the judges favouring striking down the exception in the law that grants protection to husbands from being prosecuted for non-consensual sexual intercourse with their wives, the other refused to hold it unconstitutional.

However, both the judges had concurred with each other for granting the certificate of leave to appeal to the Supreme Court in the matter as it involves substantial questions of law that requires a decision from the apex court.

Also watch: Criminalisation of marital rape could open floodgates of false cases: Centre

Frequently Asked Questions

Under the exception in Section 375 of the Indian Penal Code, sexual intercourse or sexual acts by a man with his wife, provided the wife is not a minor, is not considered rape.

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