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10 September 2026

Supreme Court on marital rape criminalization

This topic involves a critical constitutional challenge regarding the marital rape exception in the IPC and BNS, touching upon fundamental rights, judicial activism versus legislative domain, and the protection of vulnerable sections.

2 min read 2 questions 1 prelims

Notes

  • The Supreme Court is currently hearing an appeal against a 2022 Karnataka High Court judgment that allowed for the prosecution of a husband for rape against his wife.
  • The core legal issue is the second exception to Section 375 of the Indian Penal Code (IPC), which exempts sexual intercourse by a man with his wife (if she is 15 or older) from the definition of rape.
  • The Bharatiya Nyaya Sanhita (BNS), which replaced the IPC in 2023, retains this marital rape exemption under Section 63, while raising the age threshold for the wife to 18.
  • The Supreme Court bench questioned whether courts can order prosecutions for acts that are statutorily exempted by penal law before the constitutional validity of those exemptions is determined.
  • The Karnataka High Court had previously relied on the 2013 Justice J.S. Verma Committee report, which characterized the marital rape exception as regressive.
  • The Supreme Court bench emphasized that while it recognizes the individual autonomy of married women, it must consider whether it is within the judiciary's domain to define such acts as 'rape' in the absence of legislative action.

Questions

  1. Examine the constitutional challenges associated with the judicial review of statutory exemptions in penal laws, particularly in the context of the marital rape exception. 150 words
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  2. The tension between individual autonomy and legislative intent often surfaces in the interpretation of criminal law. Discuss this in the context of the ongoing debate surrounding the criminalization of marital rape in India, keeping in mind the separation of powers. 250 words
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Prelims

  1. Which of the following best describes the current legal status of marital rape in India under the Bharatiya Nyaya Sanhita (BNS)?

Syllabus

Topics

Sources

250words.in · https://250words.in/daily/2026-09-10/supreme-court-on-marital-rape-criminalization