In pronouncing the end of the marital rape exception, the Karnataka High Court has delivered a nuanced judgmentIn pronouncing the end of the marital rape exception, the Karnataka High Court has delivered a nuanced judgmentOver the last several months, arguments challenging the constitutionality of the marital rape exception in Section 375 of the Indian Penal Code (IPC) had gripped the Delhi High Court. The police registered her complaint under Section 376 notwithstanding the marital rape exception, a charge sheet was filed and the Sessions Judge took cognisance and framed charges under Section 376. This led to the husband approaching the High Court seeking to quash the criminal proceedings. In a nuanced and far-reaching judgment, Justice Nagaprasanna refused to quash the charge of rape against the husband. Our courts have now truly pronounced the death knell of the marital rape exception.

Source: The Hindu April 04, 2022 01:57 UTC