New Delhi. The Supreme Court on Friday issued a notice to the Center on a petition challenging the exception made to marital rape under the new criminal law. A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra issued notice on the petition by ‘All India Democratic Women’s Association’ (AIDWA) and said it should be considered along with other petitions seeking to criminalize marital rape. Will be listed for hearing in July.
The bench said, ‘This is a constitutional issue. It will remain vivid even after the new law. The apex court had on January 16, 2023, sought the Centre’s response on some petitions against a provision of the Indian Penal Code that provides protection to the husband from prosecution for forced sex when the wife attains majority. Under the exception given in Section 375 of the Indian Penal Code, if the wife is not a minor then sexual intercourse or sexual activity by the husband with her will not be considered rape.
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If the wife’s age is not less than 18…
Even under the new law – Indian Judicial Code (BNS), Exception 2 of Section 63 (Rape) clarifies that sexual intercourse or sexual intercourse by the husband with the wife if she is not below 18 years of age. The act is not rape. Apart from the exception under the BNS, AIDWA has also challenged in the Supreme Court the constitutionality of Section 67 of the BNS, which provides for a prison term of two to seven years for married men who rape estranged wives. The petition, filed through advocate Ruchira Goyal, objected to the provision on the grounds that the punishment in question is less than the mandatory minimum sentence of 10 years applicable in rape cases.
Tags: DY Chandrachud, Justice DY Chandrachud, Marital Rape, Supreme Court
FIRST PUBLISHED: May 17, 2024, 21:18 IST