Context
Recently, the Supreme Court said that marriage does not remove a woman’s personal autonomy. However, it questioned whether a husband can be prosecuted for rape when the existing law specifically provides an exception.
Explanation
- The Bharatiya Nyaya Sanhita (BNS), 2023 replaced the Indian Penal Code from 1 July 2024.
- Section 63 defines rape and explains that valid consent must be a clear and voluntary agreement.
- However, Exception 2 states that sexual acts by a husband with his wife, aged 18 or above, are not rape.
- If spouses are living separately, Section 67 punishes a husband for sexual intercourse without his wife’s consent.
- Married women may also seek protection against cruelty, physical injury and domestic violence under other laws.
- The Justice J.S. Verma Committee recommended removing the exception in 2013.
- The Karnataka High Court permitted prosecution in 2022, while the Delhi High Court gave a split verdict.
- The Supreme Court will now examine whether the exception violates equality, dignity, bodily autonomy and Articles 14, 15 and 21.
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Marital Rape Exception