{"id":22249,"date":"2026-09-10T00:26:38","date_gmt":"2026-09-10T00:26:38","guid":{"rendered":"https:\/\/koshalsambada.in\/?p=22249"},"modified":"2026-09-10T00:26:38","modified_gmt":"2026-09-10T00:26:38","slug":"can-husband-be-tried-for-marital-rape-if-law-says-not-offence-supreme-court-india-news","status":"publish","type":"post","link":"https:\/\/koshalsambada.in\/?p=22249","title":{"rendered":"Can husband be tried for marital rape if law says not offence: Supreme Court | India News"},"content":{"rendered":"


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NEW DELHI: Citing Article 20(1) of the Constitution which shields persons from prosecution for an act which is not an offence under existing penal laws, the Supreme Court<\/a> on Wednesday asked whether a husband can be prosecuted for marital rape when the law categorically states that it is not an offence, even as it agreed with the Centre that the matter should be left for Parliament\u2019s consideration.Article 20(1) provides that \u201cno person shall be convicted of any offence except for violation of law in force at that time\u2026\u201d Section 375(2) of IPC said \u201csexual intercourse or sexual acts by a man with his wife, the wife not being under 15 years, is not rape\u201d (wife\u2019s age was raised to 18 by SC in 2017), with the provision replicated in Sect 63(2) of BNS.<\/p>\n

Centre should go back to drawing board if law has a problem, says SC<\/h2>\n<\/p>\n

With a bunch of petitions challenging the constitutional validity of this exception to rape, a bench of Chief Justice of India Surya Kant, and Justices Joymalya Bagchi and V Mohana said the matter posed foundational questions, especially citing the case in which a husband has challenged a Karnataka high court decision to permit his prosecution for marital rape.The hearing saw Solicitor General Tushar Mehta arguing that the issue, given its complexity, be left for the Parliament to consider.It will be absurd for courts to take upon themselves the task of determining the nature of sex \u2014 natural or unnatural \u2014 when it is best left to people, their representatives and legislature, SG Tushar Mehta said.<\/p>\n

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