Delhi High Court delivers split verdict on criminalising marital rape, issue to be taken up by a larger bench
2 years, 10 months ago

Delhi High Court delivers split verdict on criminalising marital rape, issue to be taken up by a larger bench

Firstpost  

During the hearing of criminalising marital rape in the Delhi High Court, Justice Rajiv Shakdher said that marital rape is violative of the Constitution, but Justice C Hari Shanker upheld the validity of Section 376B and 198B The Delhi High Court Wednesday delivered a split verdict on criminalising marital rape. During the hearing, Justice Rajiv Shakdher said that marital rape is violative of the Constitution, but Justice C Hari Shanker upholds validity of Section 376 B and 198 B. Background of criminalising marital rape case in Delhi High Court On 7 February, the Delhi High Court granted two weeks to the Centre to state its stand on the petitions seeking criminalisation of marital rape. The petitioners had said that marital rape was the biggest form of sexual violence against women and the Delhi government had said that this act was already covered as a “crime of cruelty” under IPC.

Justice Delhi Constitution Court Marital Rape Delhi High Court Ipc High Centre Sexual Ngo Justice Shakdher Exception Marital Shakdher Sexual Intercourse Section 375 Split Verdict Rajiv Shakdher Criminalising Marital Rape Rape Issue  exception  taken  delhi  split  sexual  rape  issue  high  verdict  centre  marital  court  larger  justice  delivers  shakdher

History of this topic

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today
1 day ago

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today

Hindustan Times  

NEW DELHI: The Supreme Court on Tuesday initiated proceedings on its own motion against a controversial judgment delivered by the Allahabad high court on March 17 regarding what constitutes an attempt to rape. In her letter, Gupta expressed grave concern over the judgment, stating: “The interpretation by the judge is grossly erroneous, his approach on the subject is insensitive, irresponsible, …

Delhi HC dismisses man’s plea to quash rape case, says he’s victim blaming
Trending News
1 day, 14 hours ago

Delhi HC dismisses man’s plea to quash rape case, says he’s victim blaming

Hindustan Times  

The Delhi high court has condemned a man’s attempt to quash a rape case by claiming that the woman was “obsessed” with him and had unilaterally desired marriage. While refusing to quash the FIR, a bench of justice Swarana Kanta Sharma—whose verdict was delivered on March 20 and released later—said a woman’s decision to enter a relationship based on a …

Delhi Court Upholds Non-Framing Of Attempt To Rape Charge Against Accused Who Allegedly Pushed Woman's Breasts, Tried To Untie Her 'Salwar' Knot
5 days, 7 hours ago

Delhi Court Upholds Non-Framing Of Attempt To Rape Charge Against Accused Who Allegedly Pushed Woman's Breasts, Tried To Untie Her 'Salwar' Knot

Live Law  

A Delhi Court recently upheld an order of the Metropolitan Magistrate which refused to frame a Rape/attempt to rape charges against a man who has been accused of forcibly entering into the complainant's house, assaulting her, as well as pushing her breasts, besides trying to open her salwar's knot and “trying to rape her”. However, such bald allegation, in the …

Allahabad high court's ‘insensitive’ rape ruling slammed: ‘Dangerous for society’
5 days, 8 hours ago

Allahabad high court's ‘insensitive’ rape ruling slammed: ‘Dangerous for society’

Hindustan Times  

After the Allahabad high court issued a controversial observation on what constitutes a rape charge, Union minister Annapurna Devi and several others have slammed the court and called for judicial reforms. Union minister Annapurna Devi and several other politicians slammed the Allahabad high court for an 'insensitive' rape ruling Union minister Annapurna Devi, on Friday, addressed the Allahabad high court's …

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases
3 weeks, 1 day ago

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases

Live Law  

The Supreme Court recently quashed all criminal proceedings in a rape case against a former Indian Army officer, Rakesh Walia, after finding the complaint to be unbelievable.The Court found that the complaint was nothing but an "abuse of the process of law", because apart from her statements, there was no evidence on record. The Supreme Court recently quashed all criminal …

Rape cases involving false marriage promises need clear evidence: Delhi HC
3 weeks, 2 days ago

Rape cases involving false marriage promises need clear evidence: Delhi HC

Hindustan Times  

The Delhi high court has acquitted a man in a rape case, ruling that a long-term consensual sexual relationship does not automatically imply the woman’s consent was solely based on a promise of marriage. A bench of justice Jasmeet Singh emphasised that a conviction for rape under the false pretence of marriage requires strong evidence proving the relationship was established …

Delhi court acquits Army official accused of rape on pretext of marriage
3 weeks, 6 days ago

Delhi court acquits Army official accused of rape on pretext of marriage

Hindustan Times  

Delhi's Karkardooma Court has acquitted an army official accused of raping a woman under the pretext of marriage. The court ruled that the prosecution failed to provide evidence beyond reasonable doubt, and the woman's testimony was not trustworthy. Additional Sessions Judge Gajendra Singh Nagar acquitted the accused and said, "This court is of the opinion that the prosecution has failed …

Delhi HC refuses to quash FIR against Swati Maliwal for revealing identity of 14-year-old rape victim
1 month ago

Delhi HC refuses to quash FIR against Swati Maliwal for revealing identity of 14-year-old rape victim

Hindustan Times  

New Delhi The FIR was initially registered by the Delhi Police under Section 228A of the Indian Penal Code in July 2016. The Delhi high court has refused to quash the FIR against former Delhi Commission for Women and Aam Aadmi Party parliamentarian Swati Maliwal for allegedly revealing the identity of a 14-year-old rape victim to the media. A bench …

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity
1 month ago

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity

Hindustan Times  

New Delhi, The Delhi High Court has refused to quash an FIR against A MP Swati Maliwal for allegedly disclosing the identity of a 14-year-old rape victim who succumbed to injuries. Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity Justice Neena Bansal Krishna said Maliwal's claim that she was protected from prosecution as her …

Marital rape can’t remain an exception to rape law
1 month, 1 week ago

Marital rape can’t remain an exception to rape law

Hindustan Times  

A tale from modern India: A man rapes his wife so brutally she dies. In October last year, the ministry of home affairs told the Supreme Court that husbands do not have a fundamental right to “violate the consent of their wives”—a fancy way of saying rape—but if Parliament removed the marital rape exception, then the institution of marriage will …

DMK MP slams Chhattisgarh High Court ruling, demands India criminalise marital rape
1 month, 1 week ago

DMK MP slams Chhattisgarh High Court ruling, demands India criminalise marital rape

India Today  

Dravida Munnetra Kazhagam MP K Kanimozhi strongly condemned the Chhattisgarh High Court’s ruling that acquitted a man convicted of raping and brutalising his wife, reigniting the debate on marital rape in India. However, the High Court overturned the conviction, arguing that the legal framework does not classify forced sexual acts within marriage as rape or unnatural offences. The court's judgment …

Unnatural Sex By Husband Without Wife's Consent Not An Offence, Says Chhattisgarh High Court
1 month, 2 weeks ago

Unnatural Sex By Husband Without Wife's Consent Not An Offence, Says Chhattisgarh High Court

ABP News  

Sexual intercourse, including unnatural act by a man with his adult wife, even without her consent does not merit punishment, the Chhattisgarh High Court held in a recent judgment, acquitting a man from Jagdalpur who was convicted of rape and other charges after his wife died in hospital after unnatural sex. "If the age of wife is not below age …

Unnatural sex by man with wife without her consent not an offence: High Court
1 month, 2 weeks ago

Unnatural sex by man with wife without her consent not an offence: High Court

India Today  

Sexual intercourse, including unnatural act, by a man with his adult wife, even without her consent, can not be treated as an offence, the Chhattisgarh High Court held while acquitting a Jagdalpur resident who was convicted of rape and other charges. The High Court, in its order, stated, "from perusal of sections 375, 376 and 377 of IPC it is …

Unnatural sex by husband not an offence, says Chhattisgarh High Court
1 month, 2 weeks ago

Unnatural sex by husband not an offence, says Chhattisgarh High Court

The Hindu  

The Chhattisgarh High Court has said that sexual intercourse or sexual acts by a man with his wife is not a rape and therefore, if any unnatural sex as defined under Section 377 of the Indian Penal Code is committed by the husband with his wife, then it too cannot treated as an offence. The court was hearing an appeal …

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court
1 month, 2 weeks ago

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court on Monday held that a husband cannot be prosecuted for commission of the offence of rape under Section 376 or unnatural sex under Section 377 of the Indian Penal Code for having any sexual intercourse, including every unnatural sex, with his major wife even without her consent. Holding 'consent' of wife in sexual intercourse/unnatural intercourse to …

Need to demarcate rape from consensual relationship gone sour: Delhi high court
Trending News
1 month, 2 weeks ago

Need to demarcate rape from consensual relationship gone sour: Delhi high court

Hindustan Times  

Granting bail to a man, the Delhi high court on Monday observed that there should be distinction between rape and a consensual relationship going sour. The Delhi high court Justice Neena Bansal Krishna observed that while it was the duty of the legislature and the executive to enact and implement laws for safety and well-being of women in the workforce, …

Minor’s sexual-assault case: Supreme Court refuses bail to wife of suspended Delhi govt officer Khakha
2 months ago

Minor’s sexual-assault case: Supreme Court refuses bail to wife of suspended Delhi govt officer Khakha

The Hindu  

The Supreme Court on Friday refused to grant bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor several times and impregnated her. The Delhi High Court on September 6 had dismissed the bail application of Seema Rani Khakha, saying the case “strikes at the root of trust between two families” and the possibility …

Gender-neutral approach a need in physical violence cases: Delhi high court
2 months ago

Gender-neutral approach a need in physical violence cases: Delhi high court

Hindustan Times  

The Delhi high court has emphasised the need for a gender-neutral approach in cases involving physical violence, underscoring that leniency based solely on gender undermines equality and human dignity. This observation came in a verdict delivered on Wednesday in a case where a woman was accused of pouring boiling water mixed with chili powder on her husband, causing severe burn …

Court sentences rape convict to jail time already undergone
2 months ago

Court sentences rape convict to jail time already undergone

Hindustan Times  

New Delhi, A Delhi court has sentenced a convict in a minor's rape case to five years' imprisonment which he already underwent observing it must not be swayed by emotions and follow judicial principles. Court sentences rape convict to jail time already undergone The verdict paves way for the release of the 40-year-old convict. "I consider a sentence of imprisonment …

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC
2 months, 1 week ago

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

Live Law  

The Allahabad High Court has observed that the act of sexual exploitation under the false promise of marriage is a reprehensible offence which reduces the victim to an object for someone's personal gratification. This Court is of the view that the applicant's act cannot be executed by a subsequent offer of marriage,” the single judge observed in its order denying …

Delhi court acquits man in 2021 rape case
2 months, 1 week ago

Delhi court acquits man in 2021 rape case

Hindustan Times  

New Delhi, : A Delhi court has acquitted a man accused of raping his sister-in-law, saying her testimony was not of "sterling quality". Delhi court acquits man in 2021 rape case Further, additional sessions judge Anuj Agrawal acquitted her husband of cruelty charges pointing out inconsistencies in her statement. In its verdict on January 4, the court said the prosecution’s …

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape
2 months, 2 weeks ago

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape

Live Law  

The Supreme Court recently expressed its surprise at noting that a trial court awarded only a punishment of three years imprisonment for the offence of rape under Section 376 of the Indian Penal Code, although the minimum punishment prescribed for the offence was seven years imprisonment. The Court was also aghast to note that the Gujarat High Court did not …

Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time'
2 months, 2 weeks ago

Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time'

Hindustan Times  

New Delhi, A court here has granted anticipatory bail to a man accused of raping a divorced woman on the pretext of marriage, noting that the woman was not prompt in reporting the alleged offence and that the accused’s custodial interrogation was not required. Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time' Additional Sessions …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
3 months ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
3 months ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

Delhi court awards rigorous life term to man for raping minor
3 months, 1 week ago

Delhi court awards rigorous life term to man for raping minor

Hindustan Times  

New Delhi, A Delhi court has sentenced a man to rigorous imprisonment for life for committing aggravated penetrative sexual assault on a seven-year-old girl in February. Delhi court awards rigorous life term to man for raping minor Additional sessions judge Babita Puniya said "digital rape" was among the "most vilest and revolting form of rapes". Special public prosecutor Sharawan Kumar …

Top court notice to Centre on plea seeking pan-India guidelines for women's safety
Trending News
3 months, 1 week ago

Top court notice to Centre on plea seeking pan-India guidelines for women's safety

India Today  

The Supreme Court on Monday issued notice to Centre and states on a plea seeking pan-India guidelines for the safety of women, including banning free online pornographic material and the castration of individuals convicted for sex offences. Praising the petitioner for highlighting relevant things in its plea, the bench said, "One of the prayers you have asked for is to …

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males
3 months, 2 weeks ago

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males

Live Law  

The Delhi High Court has recently quashed a rape FIR against a man citing misuse of Section 376 of Indian Penal Code, 1860, observing that it was a classic example of how an innocent person had faced undue hardships due to misuse of the penal provision.“It is true that the provision under which the FIR has been lodged is one …

Delhi court acquits tutor in minor student's rape case: Consensual relationship
3 months, 2 weeks ago

Delhi court acquits tutor in minor student's rape case: Consensual relationship

India Today  

A Delhi court has acquitted a man in an alleged case of rape of his minor pupil in 2019 and observed the complainant was in a consensual relationship with him. "Moreover, the explanation given by the survivor for not disclosing such facts of sexual abuse to her family members or police is not plausible," the court said, "after the alleged …

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC
3 months, 3 weeks ago

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act, observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice. The Punjab and …

Delhi court awards 15-yr jail term to man for repeated rape of minor girl
3 months, 3 weeks ago

Delhi court awards 15-yr jail term to man for repeated rape of minor girl

Hindustan Times  

New Delhi, A Delhi court sentenced a man to 15 years of rigorous imprisonment for the alleged repeated rape of a minor girl in 2018, observing the offence not only intruded upon the survivor's dignity but was also a crime against society. Delhi court awards 15-yr jail term to man for repeated rape of minor girl Additional Sessions Judge Harleen …

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint
3 months, 3 weeks ago

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint

India Today  

A rape case has been filed against a cricketer's relative in Gujarat's Rajkot following a complaint by his ex-fiance, who accused him of engaging in sexual relations with her during their engagement and later calling off the marriage. Senior police officer Jagdish Bangarwa confirmed the registration of an FIR for rape against Jeet Pabari but stated that an arrest cannot …

Delhi court convicts man for 'attempting' to sexually assault boy in 2015
4 months ago

Delhi court convicts man for 'attempting' to sexually assault boy in 2015

Hindustan Times  

New Delhi, A court here has convicted a man for "attempting" to commit unnatural sexual offence on a seven-year-old boy in 2015. Delhi court convicts man for 'attempting' to sexually assault boy in 2015 Additional Sessions Judge Amit Sahrawat was hearing the case against the accused who was charged under section 377 of the Indian Penal Code and section 6 …

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court
4 months ago

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court

ABP News  

The Supreme Court on Wednesday while quashing a rape case against a man observed that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. A bench of Justice BV Nagarathna and Justice N Kotiswar Singh quashed the case against man accused of repeatedly raping a woman on the false pretext of marriage …

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court
4 months ago

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court

Live Law  

Observing that the non-materialization of a consensual relationship into marriage cannot be given a criminal color, the Supreme Court today quashed a criminal case against the man accused of repeatedly raping a woman on the false pretext of marriage. “a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. “A review of the …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
4 months, 1 week ago

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent. Single-judge Justice Govind Sanap while upholding the conviction of a man for raping …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 2 weeks ago

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

Live Law  

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. The victim lady being an adult was aware of the consequences of such relationship and denial on the part of the …

Marital rape criminalisation to Google antitrust: High profile cases 51st Chief Justice of India Sanjiv Khanna will hear
4 months, 2 weeks ago

Marital rape criminalisation to Google antitrust: High profile cases 51st Chief Justice of India Sanjiv Khanna will hear

Live Mint  

Justice Sanjiv Khanna took oath as the 51st Chief Justice of India at Rashtrapati Bhavan, Delhi on Monday. CJI Sanjiv Khanna is was part of key landmark judgements, including electoral bonds scheme, abrogation of Article 370, etc. CJI Sanjiv Khanna takes over as the new CJI today: High-profile cases listed in coming months After taking over the charge of the …

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
5 months ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

Indian government argues against classifying non-consensual sexual acts by husband as marital rape
5 months, 3 weeks ago

Indian government argues against classifying non-consensual sexual acts by husband as marital rape

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy The Indian government has opposed …

SC to decide on marital rape law despite Centre’s silence
6 months, 1 week ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi high court’s split verdict from May 2022, which remains pending for the …

SC to decide on marital rape law despite Centre’s silence
6 months, 1 week ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi High Court’s split verdict from May 2022, which remains pending for the …

SC says it will consider listing pleas challenging marital rape exception soon
6 months, 1 week ago

SC says it will consider listing pleas challenging marital rape exception soon

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday said that pleas challenging the marital rape exception had not been taken due to a day-long hearing in another matter relating to customs appeals today. A batch of pleas were pending in the top court for hearing, including the of plea of AIDWA challenging the marital rape exception under the new criminal laws. …

Delhi court sentences man to 12-year jail in minor’s sexual assault case
6 months, 3 weeks ago

Delhi court sentences man to 12-year jail in minor’s sexual assault case

The Hindu  

A New Delhi Court has sentenced a man to 12 years of imprisonment for kidnapping and sexually assaulting a six-year-old girl in 2020. It also awarded ₹7.5 lakh as compensation to the victim, saying the purpose of the criminal justice system is not only to attain catharsis by handing down proportional punishment but also to rehabilitate the victim. “In the …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
7 months ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

Supreme Court indicates hearing on marital rape pleas would commence on August 13
7 months, 3 weeks ago

Supreme Court indicates hearing on marital rape pleas would commence on August 13

Hindustan Times  

The Supreme Court on Monday indicated that the hearing on petitions regarding the immunity of husbands from marital rape would commence on August 13. One petition before the Supreme Court is an appeal by a man, whose trial for raping his wife was approved by the Karnataka high court in a March 2022 ruling. The Union government then told the …

Supreme Court to hear marital rape pleas next week
7 months, 3 weeks ago

Supreme Court to hear marital rape pleas next week

New Indian Express  

NEW DELHI: The Supreme Court on Monday assured the petitioners that it would hear the batch of pleas challenging the marital rape exception under the new criminal laws next week. The three-judge bench of the apex court, led by Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, while taking on the submissions of senior advocate …

Delhi court directs police to take action against woman for false rape complaint
7 months, 3 weeks ago

Delhi court directs police to take action against woman for false rape complaint

Hindustan Times  

New Delhi, A court here has directed the Delhi Police to take legal action against a woman for registering a false rape case, saying the special privileges given to women should not be used as "sword" to settle personal scores. Delhi court directs police to take action against woman for false rape complaint Additional Sessions Judge Shefali Barnala Tandon also …

S. 377 IPC | Uttarakhand High Court Stays Revision Court Order Exonerating Man From Charge Of Having 'Unnatural Sex' With Wife
8 months ago

S. 377 IPC | Uttarakhand High Court Stays Revision Court Order Exonerating Man From Charge Of Having 'Unnatural Sex' With Wife

Live Law  

The Uttarakhand High Court has stayed the order of a Revisional Court which had exonerated a husband from the charge of Section 377 IPC, which prohibits non-consensual unnatural sex. This comes a day after a coordinate bench of the High Court held that a husband cannot be prosecuted under Section 377 IPC as Section 375 IPC exempts marital sex and …

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court
8 months ago

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has observed that if an act between the husband and wife is not punishable under Section 375 IPC due to operation of Exception 2 to it, a husband can't be held guilty under Section 377 IPC for 'unnatural sex' with the wife. Relying upon the Supreme Court's decision in the case of Navtej Singh Johar and …

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