3-judge SC Bench to hear petitions on 'marital rape'

New Delhi, July 19

Can a man be prosecuted for ‘marital rape’ for having sex with his wife without her consent? Chief Justice of India DY Chandrachud on Wednesday said the matter would be examined by a three-judge Bench after completion of hearings on certain Constitution Bench matters.

The CJI’s observations came after senior lawyer Indira Jaising mentioned the matter for urgent listing.

“We have to resolve the matters concerning marital rape,” said the CJI who was heading a three-judge Bench. Section 375 of the Indian Penal Code defines rape as sexual intercourse without consent and against the will of a woman. But Exception 2 to Section 375 says sexual intercourse by a man with his wife, who is 15 or above, is not rape even if it is without her consent and against her will. There were several petitions challenging Exception 2 to Section 375 of the IPC.

The Supreme Court had on January 16 this year asked the Centre to spell out its stand on petitions seeking to criminalise marital rape.