Can Husbands Be Prosecuted for Violent S*x With Wives Despite Marital Rape Exemption? Supreme Court To Decide

In the pending pleas challenging the constitutional validity of penal law provisions shielding husbands from marital rape charges, the Supreme Court on Thursday agreed to examine another question: despite the exemption, can husbands still be prosecuted for causing physical hurt and mental trauma to their wives through violent, unnatural, or other s*xual acts?

NGO Argues Other Penal Provisions Still Apply

Appearing for NGO Red Dot Foundation, senior advocate N S Nappinai told a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana that while the validity of IPC and BNS provisions exempting marital rape from the offence of rape was under challenge, a husband who hurts his wife through s*xual acts could still be prosecuted under other provisions of penal law. Unnatural S*x by Husband With Wife Without Her Consent Not Rape but Punishable Under Section 377: Allahabad High Court.

She said while Section 375(2) of IPC carved out an exception for marital rape, the Criminal Laws Amendment Act, 2013, enacted on the Justice Verma Commission's recommendations after the Nirbhaya case, had widened the exception to cover all kinds of s*xual acts by husbands.

Final Hearing To Begin September 9

The bench said it would begin final hearing on all petitions from September 9. The core question before the court is whether it can create a new offence by striking down the exception under Section 375(2) of IPC and Section 63 of BNS. Forced Unnatural S*x With Wife by Husband Cruelty, But Cannot Be Prosecuted as Rape: MP High Court.

What The Current Exemption Covers

The IPC exempts a husband from rape charges for s*x with his wife if she is 15 or older. In 2017, the Supreme Court raised the age to 18, a threshold the BNS now explicitly adopts.

Centre Opposes Criminalising Marital Rape

The Centre has opposed criminalising marital rape, arguing marriage is a unique relationship not centred on s*x. It said Parliament consciously created the exception and that treating marital s*x as rape would be disproportionate, while acknowledging a husband has no right to violate his wife's consent.

(The above story first appeared on LatestLY on Jul 17, 2026 08:06 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).