Goa Court Discharges Man Accused of Forcible S*x With Wife, Says Indian Law Does Not Recognise Marital Rape

A Sessions Court in Goa has discharged a 30-year-old man accused of raping a woman, ruling that the allegation of having s*x with the victim without her consent during their civil marriage does not stand, since Indian law does not recognise marital rape. The case pertains to a woman alleging that their "first s*xual encounter" took place on July 13, 2024, after the couple completed "the first signature of civil marriage." The victim alleged that the accused had forcible s*xual intercourse with her, and despite this, she decided to go ahead with the civil marriage, which took place on August 7, 2024.

What The Court Said

In an order on Thursday, Pooja C Kavlekar, Presiding Officer, Fast Track Special Court, (POCSO) Panaji, said, "The complaint has been filed after the marriage is solemnised. The allegation that the accused during the subsistence of civil marriage had s*x with the victim without her consent does not stand as Indian law does not recognize marital rape." The court quoted the victim as alleging in her statement before the magistrate that the accused "does not wish to perform the religious marriage and wants to cancel the same." The court observed, "This fact may have some moral repercussions. However, legally only because one party wants to cancel the marriage that is duly registered, the court cannot hold him responsible for the offence of rape, if the parties had s*xual intercourse before performance of religious marriage." Forced Unnatural S*x With Wife by Husband Cruelty, But Cannot Be Prosecuted as Rape: MP High Court.

Prosecution's Arguments

The prosecution argued that between July 13 and August 6, the accused had forcible s*xual intercourse with the complainant without her consent on several occasions and also threatened her with dire consequences. The prosecution submitted that in her statement, the victim said that she and the accused are "civilly married" and that the accused is refusing to marry her and has filed an application to cancel the marriage that was registered. The prosecution also said the accused obtained the victim's consent by deception. The accused's counsel argued for discharge, contending that since the accused is married to the victim as on the date of filing the chargesheet, nothing survives in the case. Can Husbands Be Prosecuted for Violent S*x With Wives Despite Marital Rape Exemption? Supreme Court To Decide.

Court's Observations On Charges

The court agreed with the accused's counsel that if the s*xual intercourse was forcible, the victim would not have married the person who committed it on her. The court also pointed out that the chargesheet was filed under Section 64 of BNS, which pertains to rape, and not Section 69, which relates to s*xual intercourse by employing deceitful means. "The complainant in her complaint has requested the police to take action against the accused for cheating her and for 'committing s*xual intercourse by making false promise to marry,'" the court said, adding that the relevant section applicable in the case is Section 69 and not Section 64 of the BNS.

No Offence Made Out, Says Court

The court said no offence is made out under Section 69 of BNS either. "The victim engaged into a s*xual intercourse with the accused on several occasions claiming that it was forcible yet she married him and never complained about the same to anyone," the order said, adding that the complaint was filed only because the accused now wanted to cancel the civil registration. "The accused has kept his promise and married the victim. Technically, therefore, no offence is also made out under Section 69 of BNS. It is open for the victim to put forth her grievances before the Civil Court, where the annulment or divorce case may be filed," the court said.

(The above story first appeared on LatestLY on Aug 23, 2026 05:27 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).