criminalisation of marital rape

The legal status of marital rape in India: A critical analysis of criminal law and the need for legal reform

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Published On: June 19, 2026 Authored By: Mutahira Afifa St Joseph’s College of Law Abstract Marital rape continues to be one of the most contested questions in Indian criminal law. Although consent and personal autonomy are recognised as fundamental constitutional values, forced sexual relations within marriage are, in general, excluded from the legal definition of […]

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CONSENT DOES NOT EXPIRE AT THE ALTAR: THE CASE FOR CRIMINALISING MARITAL RAPE IN INDIA

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Published On: June 4th 2026 Authored By: Devyani Shashank Kulkarni SVKM, Pravin Gandhi College of Law Abstract This article examines Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023, which exempts a husband from criminal liability for rape committed upon his wife. It argues that this exception is constitutionally unsustainable, morally indefensible,

CONSENT DOES NOT EXPIRE AT THE ALTAR: THE CASE FOR CRIMINALISING MARITAL RAPE IN INDIA Read More »

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