Can striking down an exception create new offence, asks HC
The Hindu
Until marital rape becomes an explicit crime, it will remain condoned: counsel
The Delhi High Court on Monday asked if striking down the provision in Section 375 of the Indian Penal Code (IPC), which grants immunity to husbands against marital rape, as unconstitutional would lead to creating a new offence.
A Bench of Justices Rajeev Shakdher and C. Hari Shankar posted the query to advocate Karuna Nundy, who is representing two petitioners -- RIT Foundation and All India Democratic Women’s Association -- that are seeking to strike down the exception granted to husbands under the Indian rape law.
The Bench’s query came in view of arguments raised by some parties in the case that courts cannot create new offence. It asked Ms. Nundy whether there were precedents where courts had struck down a statutory provision even if it led to creation of a new offence.
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