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21st May 2022 (8 Topics)

Non-consensual intercourse after marriage

On May 10, 2022, a two-judge bench of the Delhi High Court gave a split ruling on marital rape, thus ensuring a future hearing in the Supreme Court. The legal battles will, of course, continue but this may nevertheless be a good moment to examine the issues that lie behind it.

Provisions for Marital Rape:

  • Section 375 of Indian Penal Code (IPC) defines the term rape as, any form of sexual assault involving non-consensual intercourse with a woman.
  • Exception 2 to Section 375, provides a non-criminal status to sexual intercourse without the consent of the wife and immunizes such actions of the husband.
  • The concept of marital rape is the epitome of ‘implied consent’, marital relation between a man and a woman implies to have consented sexual intercourse from both the sides.
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