Saying that 'any sexual intercourse or sexual act by husband cannot be termed as rape' if wife's an adult, bench noted that lack of consent 'loses its importance' in such circumstances.
Section 375 of the IPC defines the offence of rape, but carves out an exception for married couples. Citing this, HC ruled that a husband cannot be tried for anal sex with his wife.
The order closely follows a 2022 Supreme Court judgment, allowing survivors of marital rape to seek abortion of unwanted pregnancy within 20-24 weeks of conception.
Court made strong remarks as it rejected bail plea of woman accused of abetting daughter-in-law's sexual abuse at the hands of her son, saying she 'played equal role as other accused'.
Ranjit Singh Kohli — alias Raquibul Hassan — gets life term for wounding religious sentiments of his 'wife' & other charges, while his mother Kaushal Rani was given a 10-yr sentence.
Proposed Bharatiya Nyaya Samhita, 2023 has scrapped Section 377, which offered gender-neutral protection against ‘unnatural sex’ while also safeguarding animals.
A bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha & Justice JB Pardiwala, asked the govt to file its response on the issue by 15 February.
Karnataka’s stand to defend its move to register a rape case against the man comes at a time when the debate over exception to marital rape is pending in the top court.
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