Supreme Court Observes Wife Subjected to Forced S*xual Intercourse Is a Victim While Examining Marital Rape Exception
The Supreme Court recently acknowledged that a wife subjected to forced s*xual intercourse by her husband is a victim, while examining whether husbands can be prosecuted under current laws that exclude marital rape from the offence. 'The question is also how a person can be punished for his conduct when the offence itself is defined in a particular manner,' the bench said.
A woman subjected to involuntary s*xual intercourse by her husband is "undoubtedly a victim", the Supreme Court observed on Wednesday, September 9, while addressing the complex legal question of whether a husband can be prosecuted for rape when statutory law expressly excludes marital intercourse from the offence.
A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana questioned whether a constitutional court could permit such a prosecution before formally deciding the validity of the statutory exception under Section 375 of the former Indian Penal Code (IPC), which has been carried forward under the Bharatiya Nyaya Sanhita (BNS). Marital Rape Case: Why Supreme Court Will First Hear Karnataka ‘S*x Slave’ Appeal.
Legal Challenges and Statutory Framework
The bench is hearing a batch of petitions challenging the exception that protects a husband from prosecution for the rape of his wife, reports Hindustan Times. These include an appeal stemming from a Karnataka High Court ruling that allowed the prosecution of a husband accused of treating his wife virtually as a "s*x slave", alongside matters originating from a split verdict by the Delhi High Court.
“The question is also how a person can be punished for his conduct when the offence itself is defined in a particular manner,” the bench observed during the proceedings. The court indicated it may examine the Karnataka case first to determine whether the existing provision can be interpreted or read down to permit prosecution, prior to taking up the direct constitutional challenge against the exception itself.
Arguments and Court Observations
Appearing for the wife in the Karnataka case, Senior Advocate Indira Jaising argued that the High Court had not struck down the exception but had instead interpreted the existing law to allow prosecution under the specific facts of that case. However, the bench flagged the judicial difficulty of interpreting an express statutory exception in a way that exposes an individual to criminal liability before the provision is struck down or modified by a constitutional court. Forced Unnatural S*x With Wife by Husband Cruelty, But Cannot Be Prosecuted as Rape: MP High Court.
The Supreme Court directed the nodal counsel to compile the necessary pleadings and common documents, listing the batch of petitions for a final hearing after three weeks.
Women and Child Helpline Numbers:
Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.
(The above story first appeared on LatestLY on Sep 10, 2026 07:50 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
