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Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. In India, Marital Rape is not an offence under the Indian Penal Code, 1860 and under Bharatiya Nyaya Sanhita, 2024. Marital rape is a huge problem in India. One Indian woman is raped by her husband every three seconds, while one in three men confess to raping their spouses. Ensuring the criminalisation of marital rape would improve access to justice for all women, regardless of their marital status. It might also strongly suggest that a woman always has the freedom to decide whether or not to engage in sexual activity with anyone she chooses. This Article focuses on the legislations and legal remedies available to a women victim of marital rape, the Constitutionality of the exception provided by the law.
Keywords:
Section 375 of the Indian Penal Code, Section 63 of BNS, Consent, life and dignity.
Cite Article:
"MARITAL RAPE IN INDIA: A NEW PERSPECTIVE", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 2, page no.a609-a616, February-2025, Available :http://www.ijrti.org/papers/IJRTI2502062.pdf
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00098
ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator