Girlfriend Or Concubine Not Liable For Prosecution U/S 498A IPC: Andhra Pradesh High Court
3 years, 8 months ago

Girlfriend Or Concubine Not Liable For Prosecution U/S 498A IPC: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court earlier this week held that only a relative of a husband by blood or marriage is liable for prosecution under Section 498-A IPC.Justice Cheekati Manavendranath while quashing the FIR against the petitioner, observed that a girlfriend or concubine, not being connected by blood or marriage, is not a relative of the husband for the purpose of. The Andhra Pradesh High Court earlier this week held that only a relative of a husband by blood or marriage is liable for prosecution under Section 498-A IPC. Justice Cheekati Manavendranath while quashing the FIR against the petitioner, observed that a girlfriend or concubine, not being connected by blood or marriage, is not a relative of the husband for the purpose of Section 498-A IPC. This Court found considerable force in the above contention of the petitioner, and opined as follows: "It is now well-settled law that only a relative of a husband by blood or marriage is liable for prosecution under Section 498-A IPC.

Marriage Court Prosecution Relative Blood Ipc Fir Husband Girlfriend Petitioner Liable Only A Relative  andhra  petitioner  498a  relative  blood  husband  prosecution  girlfriend  concubine  high  liable  marriage  court  ipc  pradesh

History of this topic

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court
1 week, 5 days ago

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court

Live Law  

The Punjab & Haryana High Court has made it clear that unless the specific acts constituting both abetment and cruelty are explicitly set out in the charge under Section 306 IPC, a conviction under Section 498-A cannot be sustained in the absence of a separate charge of any specific charge for such offence. Justice Harpreet Singh Brar said, “an offence …

Dowry demand not needed to invoke cruelty charge against husbands: SC
1 month, 1 week ago

Dowry demand not needed to invoke cruelty charge against husbands: SC

The Hindu  

The Supreme Court said on Friday dowry demand was not a prerequisite to constitute the offence of cruelty under section 498A of the IPC introduced in 1983 to protect married women from the husband and in-laws. A bench comprising Justices Vikram Nath and Prasanna B Varale on December 12, 2024, said the essence of Section 498A IPC lay in the …

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 …

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 …

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court
1 month, 3 weeks ago

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court

Live Law  

The Supreme Court, while quashing criminal charges of cruelty, dowry demand and domestic violence against the present appellants, highlighted that invoking criminal laws in domestic disputes without specific allegations and credible materials may have disastrous consequences for families. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be …

Second Wife Of Husband Can't Be Prosecuted For Bigamy Under Section 494 IPC: Chhattisgarh High Court
1 month, 3 weeks ago

Second Wife Of Husband Can't Be Prosecuted For Bigamy Under Section 494 IPC: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has reiterated that a person who is single and marries another whose marriage is substituting cannot be not liable under Section 494 IPC, but it is the person whose marriage is substituting who would be liable. A person who is single marrying another whose marriage is substituting is not liable under Section 494 IPC, but the …

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner
3 months ago

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

Live Law  

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions. The division bench of Justice R. Raghunandan …

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce
3 months, 1 week ago

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Live Law  

The Supreme Court today quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce. The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing the Appellant's challenge to the Bombay High Court's Aurangabad Bench decision which refused …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
3 months, 2 weeks ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
Trending News
3 months, 2 weeks ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
5 months, 1 week 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 …

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 …

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. …

S.377 IPC Contemplates Unnatural Acts Against The Order Of Nature, Does Not Cover Unnaturality Of Relationship Such As Incest: Kerala HC
7 months, 2 weeks ago

S.377 IPC Contemplates Unnatural Acts Against The Order Of Nature, Does Not Cover Unnaturality Of Relationship Such As Incest: Kerala HC

Live Law  

The Kerala High Court has held that having carnal intercourse against 'the order of nature' mentioned in Section 377 of the Indian Penal Code looks only into the nature of the act and not the relationship of the parties involved. Among other offences, the accused was also convicted of having sexual intercourse against the order of nature under Section 377 …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
7 months, 3 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

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 …

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
8 months ago

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A of the Indian Penal Code. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498 of …

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court
8 months, 1 week 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 …

MP HC junks rape case filed by woman after 10-year-long relationship with man
8 months, 3 weeks ago

MP HC junks rape case filed by woman after 10-year-long relationship with man

The Hindu  

The Madhya Pradesh High Court has quashed a rape case registered on the complaint of a woman against a man, observing that the two were in a relationship for over 10 years out of their “own free will”. However, it does not mean that a rape case could be registered against the petitioner, the court said. “In my opinion, as …

Section 498A dilemma: India's bid for modern justice should not gloss over concerns for women's safety in marriages
10 months, 2 weeks ago

Section 498A dilemma: India's bid for modern justice should not gloss over concerns for women's safety in marriages

Hindustan Times  

The three new criminal laws are expected to turn a new leaf for criminal justice in the country. In 2023, there were nearly 22.8 lakh crimes reported against women, Of these, about 7 lakh, or 30 per cent, were reported under Section 498A of the IPC, according to the data recorded by the ministry of statistics and programme implementation in …

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
10 months, 3 weeks ago

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court

Op India  

The Madhya Pradesh High Court observed that despite ‘Marital rape’ not being recognized as an offence in India, any sexual intercourse, including unnatural sex by a husband with his wife, does not constitute rape, as the wife’s consent is deemed irrelevant in such instances. “…insertion of penis in the anus of a woman has also been included in the definition …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year, 3 months ago

'Rape is rape even if committed by a husband against wife': Gujarat HC

Op India  

Amid a series of pleas arguing for the criminalisation of marital rape pending before the Supreme Court, the Gujarat High Court in its recent order observed that rape is rape even if it is committed by a husband against his wife. In its 8th December order, a single-judge bench of Justice Divyesh Joshi highlighted that marital rape is illegal in …

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC
1 year, 3 months ago

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC

Hindustan Times  

While acquitting a man of the charges under section 377 of the Indian Penal Code for allegedly committing an “unnatural offence” against his wife, the Allahabad high court has observed that protection of a person from marital rape continues in cases where his wife is of 18 years of age or more. While partly allowing a revision petition filed by …

Husband booked for faking himself as IT engineer
1 year, 4 months ago

Husband booked for faking himself as IT engineer

Hindustan Times  

The Uttam Nagar Police have lodged a case against a husband for faking himself as an IT professional to get married. After learning that he was a security guard who cheated on her, the wife filed an FIR. According to PSI Anuse of the Uttam Nagar police station, the victim filed an FIR under IPC section 498 A on Saturday. …

Legal Acumen | Parliamentary panel’s draft proposal to make adultery a crime contradicts landmark Supreme Court judgment
1 year, 5 months ago

Legal Acumen | Parliamentary panel’s draft proposal to make adultery a crime contradicts landmark Supreme Court judgment

The Hindu  

Published : Oct 28, 2023 14:40 IST - 5 MINS READ In what appears to be a retrograde move, the draft report of the Parliamentary Standing Committee on Home Affairs, examining the three Bills which are set to replace the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, has reportedly recommended the restoration of adultery as …

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court
1 year, 5 months ago

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court

Hindustan Times  

The Kerala High Court recently observed that punishments relating to cruelty to a married woman, under Indian Penal Code section 498A, cannot be applied to or invoked by women in live-in relationships. But, when there was no solemnisation of marriage at all, and only live in relationship on the basis of a marriage agreement, then the woman cannot seek shelter …

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC
1 year, 5 months ago

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC

News 18  

A man or his relatives cannot be held guilty for cruelty towards a woman under section 498A of the IPC if there was only a live-in relationship and no solemnisation of marriage, the Kerala High Court has held. The High Court said that the trial and appellate courts “went wrong in finding the revision petitioners guilty under section 498A and …

CJI says petitions to criminalise marital rape to be listed in mid-October
1 year, 6 months ago

CJI says petitions to criminalise marital rape to be listed in mid-October

The Hindu  

Chief Justice of India D.Y. “We will list it sometime in mid-October after the Constitution Bench hearings,” Chief Justice Chandrachud addressed senior advocate Indira Jaising and advocate Karuna Nundy, who jointly mentioned the case for urgent listing. “A man is a man; an act is an act; rape is a rape, be it performed by a man the ‘husband’ on …

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC
1 year, 8 months ago

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC

News 18  

The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. “We have to resolve the matters concerning marital rape,” a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior advocate Indira …

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC
1 year, 8 months ago

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. "We have to resolve the matters concerning marital rape," a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior …

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]
1 year, 10 months ago

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Live Law  

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” …

Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court
2 years, 1 month ago

Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court

Live Law  

The Supreme Court observed that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void.In this case, the accused were convicted for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. The Supreme Court observed that the conviction under Section 498-A IPC …

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife
2 years, 1 month ago

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife

Live Law  

Expressing a prima facie view, the Delhi High Court has said that the protection under Protection of Women from Domestic Violence Act, 2005 is not available to a husband or male member of the family, in view of sections 2 of the statute.Section 2 defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship …

SC seeks Centre's response on pleas seeking criminalisation of marital rape
2 years, 2 months ago

SC seeks Centre's response on pleas seeking criminalisation of marital rape

India Today  

The Supreme Court on Monday sought a response from the Centre on a batch of petitions pertaining to criminalisation of marital rape. One of pleas has been filed in relation to the Delhi High Court's split verdict on the issue.This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court. While Justice Shakdher, who …

Andhra Pradesh High Court Quashes Rape Case, Allows Compromise Between Accused & Victim
2 years, 2 months ago

Andhra Pradesh High Court Quashes Rape Case, Allows Compromise Between Accused & Victim

Live Law  

The Andhra Pradesh High Court last week quashed a rape case/complaint filed by a woman against the accused and allowed her to compromise the matter with him. The Court further noted that the Supreme Court, however, in the Case of K Dhandapani vs State 2022 LiveLaw 477, permitted the compounding of an offence under Section 376 of IPC as well …

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment
2 years, 3 months ago

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment

Live Law  

The Karnataka Government has supported the prosecution of a husband in a case for marital rape. The State has filed an affidavit in the Supreme Court supporting a Karnataka High Court judgment which sustained the charges framed against a husband under Section 376 IPC for forcible sex with wife.In this connection, it is worthwhile to note that the Central Government …

Supreme Court seeks Centre’s response - The Hindu
2 years, 6 months ago

Supreme Court seeks Centre’s response - The Hindu

The Hindu  

The Supreme Court on Friday, September 16, 2022, sought a response from the government on appeals to criminalise marital rape. During the brief hearing, All India Democratic Women's Association, represented by advocate Karuna Nundy, said both judges in the Bench in the Delhi High Court had agreed that the case raised a substantial question of law which required an authoritative …

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict
2 years, 6 months ago

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict

Deccan Chronicle  

NEW DELHI: The Supreme Court Friday said it would hear on September 16 the pleas arising out of the Delhi High Court's split verdict on the issue of criminalisation of marital rape. Justice Rajiv Shakdher, who headed the division bench of the high court, had favoured striking down the marital rape exception and said it would be tragic if a …

Failed Relationship Not Ground To Lodge FIR For Repeated Rape U/S 376(2)(n) IPC: Andhra Pradesh High Court
2 years, 7 months ago

Failed Relationship Not Ground To Lodge FIR For Repeated Rape U/S 376(2)(n) IPC: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court in a recent case reiterated the law laid down by the Supreme Court in 599) that if the complainant willingly stayed in a relationship, then the relationship eventually not working out cannot be a ground for lodging an FIR for the offence under Section 376 of IPC. Brief Facts of the Case The Criminal Petition …

Circumstances Not Put To An Accused Under Section-313Cr. P.C. Cannot Be Used Against Him: High Court Of Tripura
2 years, 7 months ago

Circumstances Not Put To An Accused Under Section-313Cr. P.C. Cannot Be Used Against Him: High Court Of Tripura

Live Law  

The High Court of Tripura has recently while dealing with criminal appeal under Section-374 of the Code of Criminal Procedure observed that circumstances not put to an accused under Section-313 Cr. The appeal was filed under Section-374 of the Code of Criminal Procedure is directed against the judgment and order of Conviction passed by a sessions judge Tripura whereby appellant …

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict
2 years, 10 months ago

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict

The Hindu  

A petition was filed in the Supreme Court appealing against the Delhi High Court’s split verdict in the marital rape case. The judges of the High Court has differed on the cardinal issue whether men can face the charge of rape for forcing themselves on their wives. While Justice Shakdher, who headed the High Court Bench, favoured striking down the …

The Delhi High Court’s split verdict on marital rape needs resolution
2 years, 10 months ago

The Delhi High Court’s split verdict on marital rape needs resolution

The Hindu  

A division Bench of the Delhi High Court recently delivered a split verdict on whether exception two to Section 375 of the Indian Penal Code, i.e., marital rape exception, is unconstitutional. Since there is no rational nexus between the differentia and the object of the law, marital rape exception fails the test of reasonable classification and must be struck down …

Continuance of Marital Rape Exception Egregiously Problematic: Justice Shakdher
2 years, 10 months ago

Continuance of Marital Rape Exception Egregiously Problematic: Justice Shakdher

News 18  

Justice Rajiv Shakdher of the Delhi High Court Wednesday ruled in favour of criminalising marital rape and said the continuance of this immunity under the Indian Penal Code is "egregiously problematic" as it emasculates the woman's right to trigger prosecution against her husband for non-consensual intercourse. Justice Rajiv Shakdher, who headed the division bench which delivered the split verdict on …

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 …

Marital Rape: Split Verdict in Delhi HC, Only One Judge Strikes Down Exception
2 years, 10 months ago

Marital Rape: Split Verdict in Delhi HC, Only One Judge Strikes Down Exception

The Quint  

"These are standalone offences, different in their nuance and ingredients. John had also addressed the point specifically raised by Justice Hari Shankar while upholding the marital rape exception, that the exception can be justified since there is an intelligible differentia between sexual relations within a marriage and outside it, which means there is no violation of Article 14. Justice Hari …

A far-reaching verdict that ends a regressive exception
2 years, 11 months ago

A far-reaching verdict that ends a regressive exception

The Hindu  

Over the last several months, arguments challenging the constitutionality of the marital rape exception in Section 375 of the Indian Penal Code had gripped the Delhi High Court. Roots of the principle The exception to marital rape in common law was due to the dictum by Chief Justice Matthew Hale of Britain in 1736 where he stated: “But the husband …

Rape is Rape, Be it by Man or Husband, Karnataka HC Says Marriage Not License to Unleash ‘Brutal Beast’
3 years ago

Rape is Rape, Be it by Man or Husband, Karnataka HC Says Marriage Not License to Unleash ‘Brutal Beast’

News 18  

In a significant judgment on the contentious issue of marital rape, the Karnataka High Court on Wednesday refused to quash rape charges filed against a man accused of sexually assaulting his wife. The high court said the “brutal act of sexual assault on the wife, against her consent, albeit by the husband, cannot but be termed to be a rape”. …

Can Husband Be Prosecuted Under Section 377 IPC When Section 375 IPC Exempts Marital Sex? Delhi High Court To Consider
3 years ago

Can Husband Be Prosecuted Under Section 377 IPC When Section 375 IPC Exempts Marital Sex? Delhi High Court To Consider

Live Law  

The Delhi High Court has delinked from a batch of pleas seeking criminalisation of marital rape, a plea seeking to declare that a husband cannot be prosecuted for the offence of unnatural sex with his wife under Section 377 of the Indian Penal Code, when exception 2 to Section 375 gives exception to marital sex from the offence of rape.A …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
3 years, 1 month ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

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