Marital Rape

Hona’ble Supreme Court struck down exception 2 of section 375 IPC which provides sex by husband with his own wife, wife not being below the age of 16 years is not rape.

Supreme Court observed “In view of the above discussion, i am clearly of the opinion that exception 2 to section 375 IPC in so far as it relates to a girl child below 18 years is liable to Be struck down on the following grounds:–

•      (i) it is arbitrary, capricious, whimsical and violative of the rights of the girl child and not fair, just and reasonable and, therefore, violative of article 14, 15 and 21 of the constitution of India;

•      (ii) it is discriminatory and violative of article 14 of the Constitution of India and; 

     (iii) it is inconsistent with the provisions of POCSO, which must prevail.

•      Therefore, exception 2 to section 375 IPC is read down as follows: “sexual intercourse or sexual acts by a man with his own wife, the wife not being below 18 years of age, is not rape”

•      Writ petition (civil) no. 382 of 2013 Independent Thought versus Union of India and anr. …. October 11, 2017 Supreme Court

However the court shall not take cognizance unless the information is given within one year from the date of occurrence. ( section 198(6) Cr.P.C.)