Do Husbands Have Immunity In Marital Rape Cases? Supreme Court To Decide
NDTV
The CJI said these matters are to be heard by a three-judge bench and will be listed for hearing after the five-judge constitution benches conclude hearing some listed cases.
Does a husband has immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex? A three-judge bench of the Supreme Court will examine this after constitution benches conclude hearing some listed pleas, said Chief Justice D Y Chandrachud when senior lawyer Indira Jaising mentioned the matter for urgent listing.
The constitutional validity of an exception clause of Section 375 (rape) of the Indian Penal Code (IPC) is under challenge as it exempts a husband from being prosecuted for rape for having non-consensual sexual intercourse with the spouse if she happens to be an adult.
"We have to resolve the matters concerning marital rape," said the bench, which also comprised justices P S Narasimha and Manoj Misra.
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