Split Verdict on Criminalisation of Marital Rape Decision: One strikes down the exception, one upholds [Report to be updated]

In the batch of petitions filed asking for striking down marital rape to be an exception under the Penal Code, 1860, Delhi High Court passed a split verdict.


Justice Rajiv Shakdher held that Exception 2 to Section 375 IPC, which exempts the husband from the offence of rape for forcible sex with the wife, is unconstitutional.

Justice C. Shankar held that Exception 2 to Section 375 IPC is not unconstitutional and there is an intelligible differentia. In his opinion, the challenge cannot sustain.

[Judgment copy awaited]

Also Read:

Marital Rape will be criminalised or not? Judgment to be pronounced | Stay tuned to know the verdict


Husband owns wife’s body after marriage: What is holding back India to criminalise this misogyny?

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