The SC will decide if a man can be tried for raping his wife
krishna murthy
The Supreme Court has agreed to examine if a man can be tried for raping his wife despite the immunity provided to the husbands under the provisions of the Indian Penal Code (IPC)
A Division Bench of the Delhi High Court is set to deliver its verdict today on the validity of Exception 2 of Sections 375 (rape) in the IPC that makes a husband immune to marital rape charges
Section 375 (Exception) of the IPC deals with the subject of marital rape
Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape, Section 375 (Exception) IPC says
“If it is punishable to a man, it should be punishable to a man albeit, the man being a husband. No exemption in law can be so absolute that it becomes a license for commission of crime against society,” the Karnataka HC had said
The HC rejected the contention by the man that Exception 2 of the Section 375 IPC makes a husband immune to marital rape charge provided that the wife is not a minor
The Supreme Court has sought responses from the Centre and has agreed to hear the appeal against the HC verdict in the third week of July