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“So far as the medical examination to ascertain whether the wife has ever entered into a sexual relationship or not, is concerned, it is nothing but seeking a virginity test of the wife, in other words.”
“Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act.”
“Forced unnatural sex by a husband on his wife amounts to cruelty under Section 498A of the IPC, but cannot be prosecuted as rape under Section 376 of the IPC as in a Section 377 context, marital rape concept is not recognized under current law because of the express marital exception in Section 375.”
“From the foregoing observations as held by Supreme Court in Independent Thought case, it is very much apparent that exception 2 of Section 375 IPC has been struck down on the ground that said provision is inconsistent with the provisions of POCSO Act and is also violative of Article 14, 15 and 21. But it has also been held that the said judgment will have a prospective effect.”
“The Magistrate had taken cognizance of the offence under Section 376-B IPC upon the final report filed by the Malappuram Police, against the legal embargo contained in Section 198-B CrPC.”
Cruelty under Section 498-A IPC does not necessarily require proof of dowry demands; physical or mental cruelty alone is sufficient.
The Court stated that the charge under Section 377 of IPC could not have been framed against the husband. A ‘consensual’ oral or anal intercourse between any two adults, in private, is not a criminal offence punishable under Section 377 of IPC.
Allahabad High Court held that carnal sex, other than penile-vaginal intercourse is not a natural orientation of sex for the majority of women, therefore the same cannot be done by the husband, even with his wife without her consent
A quick legal roundup to cover important stories from all High Courts this week.
“The definition of ‘rape’ excludes acts between a man and his wife, not below the age of fifteen years, performed during the subsistence of a valid marriage.”
“The father-in-law and mother-in-law watched the lovemaking moments of her own son and daughter-in-law on the TV screen in their bedroom and that they also compelled their son to take nude videos and photographs of the daughter-in-law and shared it on family WhatsApp group.”
The Court remarked that in the proposed Bhartiya Nyay Sanhita which is likely to replace IPC, no provision like Section 377 IPC is included therein
by Balram Pandey*
Delhi High Court observed that there is no distinct category within child victims of rape as those who are married and those who are not.
by Sanjay Vashishtha†
Cite as: 2023 SCC OnLine Blog Exp 10
This roundup revisits the analyses of Supreme Court’s judgments/orders on Unmarried persons’ right to safe abortion, Inclusion of ‘marital rape’ under Abortion laws, Journalist Sidhique Kappan’s bail; Constitution Bench’s opinion on Doctrine of Precedents; Reference of question relating to Pre-sentence hearing of death row convicts; Explainers on important law points; Collegium Recommendation; and more
“The nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry. The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors.”
TOP STORY OF THE MONTH Marital Rape Split Verdict on Criminalisation of Marital Rape| Can a Husband be labelled as a rapist?
Top Stories of the Week Sedition Law under scanner| All pending cases to be kept in abeyance; Centre/States urged not to register
In the Split verdict on Criminalisation of Marital Rape Exception (MRE), the Division Bench of Delhi High Court pronounced a 393-Pages Judgment,