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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]

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