Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court
4 months, 1 week 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 FIR and the complainant's statement under Section 164 CrPC discloses no indication that any promise of marriage was extended at the outset of their relationship in 2017. Case Title: PRASHANT VERSUS STATE OF NCT OF DELHI Citation : 2024 LiveLaw 904 Related Report: 'Lived Like Husband-Wife For 5 Years' : Supreme Court Quashes Case Alleging Rape On False Marriage Promise

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History of this topic

Supreme Court raps lawyer for using 'consensual relationship' in bail plea of client booked for minor's rape
1 week, 1 day ago

Supreme Court raps lawyer for using 'consensual relationship' in bail plea of client booked for minor's rape

The Hindu  

A lawyer on Thursday got an earful from the Supreme Court for repeatedly writing “consensual relationship” in a bail plea of his client, who is accused of a minor girl's rape. At least 20 times you have written 'consensual relationship' in the SLP. You don't know the basic law… 20 times you have said ‘consensual relationship’ …Tomorrow you will say …

Woman can't claim rape if she was in long-term live-in: Supreme Court
3 weeks, 1 day ago

Woman can't claim rape if she was in long-term live-in: Supreme Court

Hindustan Times  

The Supreme Court has ruled that a woman may not be able to accuse a man of forcing sexual relations on her through a promise of marriage if the two were in a long-term live-in relationship. The man can’t be charged for rape if the couple was living together for a long period of time, the top court ruled, saying …

Woman can't claim rape after being in live-in for 16 years: Supreme Court
Trending News
3 weeks, 1 day ago

Woman can't claim rape after being in live-in for 16 years: Supreme Court

India Today  

The Supreme Court has cancelled criminal proceedings against a man, who was accused of sexually assaulting a woman with whom he had a 16-year-long relationship, on the false pretext of marriage. The top court further expressed surprise that the complainant, a highly-qualified individual, endured such decades-long sexual assault without raising any doubt, and only registered the FIR against the accused …

Rape cases involving false marriage promises need clear evidence: Delhi HC
3 weeks, 4 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 …

‘Married woman can’t claim false promise of marriage to allege rape’
1 month ago

‘Married woman can’t claim false promise of marriage to allege rape’

Hindustan Times  

The Jabalpur bench of the Madhya Pradesh high court has quashed an FIR accusing a 24-year-old man of rape, saying that the complainant cannot claim her consent for a physical relationship was taken on the pretext of marriage if she was already married to another man. ‘Married woman can’t claim false promise of marriage to allege rape’ The accused, who …

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, …

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage
2 months ago

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage

Live Law  

The Madras High Court has recently quashed a case against a 26-year-old man who was convicted and sentenced for allegedly raping his partner on a false promise to marry. The court also noted that the victim's statement revealed that the couple's physical relationship was not merely due to the alleged promise to marry and that the couple shared a good …

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 …

Rape case: HC grants bail to accused on condition of marrying inter-faith live-in partner
2 months, 1 week ago

Rape case: HC grants bail to accused on condition of marrying inter-faith live-in partner

Hindustan Times  

The Lucknow bench of the Allahabad high court has granted bail to an accused in an inter-faith live-in rape case on condition that he marry the prosecutrix under the Special Marriage Act and provide financial security to her and their child. During the proceedings, both parties expressed a willingness to reconcile, leading the court to explore a resolution focused on …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 2 weeks ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

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

S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court
3 months, 4 weeks ago

S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court

Live Law  

The Supreme Court today set aside the conviction of a man who was charged with the offence of abetment to suicide because his lover committed suicide upon his refusal to marry her. The bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan observed that simple refusal to marry someone would not amount to instigation to commit suicide. “Even assuming, though …

Rape On False Promise To Marry Requires Proof That Physical Relationships Was Only Based On Marriage Promise : Supreme Court
4 months ago

Rape On False Promise To Marry Requires Proof That Physical Relationships Was Only Based On Marriage Promise : Supreme Court

Live Law  

A recent Supreme Court judgment has given clarity as to when a consensual sexual relationship can amount to the offence of rape on the false promise of marriage.The Court observed that when a woman has maintained a physical relationship with a man for a long period, it cannot be said with certainty that such relationship was solely because of a …

Supreme Court flags 'worrying trend' of rape cases after relationships turn sour
4 months ago

Supreme Court flags 'worrying trend' of rape cases after relationships turn sour

India Today  

The Supreme Court on Tuesday raised concerns over what it said was a "worrying trend" of rape cases being filed after consensual relationships turn "sour". The court said that a prolonged physical relationship between couples without protest or demands for marriage by the female partner indicated a consensual relationship rather than one based on a false pretext of marriage. "It …

'Worrying Trend' : Supreme Court Expresses Concerns At Using Criminal Law Against Men After Breakup Of Consensual Relationship
4 months ago

'Worrying Trend' : Supreme Court Expresses Concerns At Using Criminal Law Against Men After Breakup Of Consensual Relationship

Live Law  

The Supreme Court has expressed concerns about the "worrying trend" of invoking criminal law against men on allegations of rape on the false pretext of marriage after a long consensual relationship turned sour.While quashing an FIR in a rape case against a man, a bench comprising Justice BV Nagarathna and N Kotiswar Singh observed :“It is evident from the large …

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court
4 months, 1 week 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 …

Criminality can’t be imposed on breakups: SC
4 months, 1 week ago

Criminality can’t be imposed on breakups: SC

Hindustan Times  

The breakup of a consensual relationship cannot be transformed into a criminal case, the Supreme Court held on Wednesday, adding that such cases, where no ingredients of criminality are established, amount to an abuse of the legal process. “It is inconceivable that the complainant would continue to meet the appellant or maintain a prolonged association or physical relationship with him …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
4 months, 2 weeks 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 …

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 …

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 …

Women who have consensual sex with men continue to abuse the laws to slap rape cases after the relationship ends
7 months, 3 weeks ago

Women who have consensual sex with men continue to abuse the laws to slap rape cases after the relationship ends

Op India  

On the 31st of July, the Bombay High Court quashed an FIR lodged in 2018 against a 73-year-old man who was accused of raping a woman on the false promise of marriage. Consensual sex between adults does not amount to rape: What the Supreme Court said in the Deepak Gulati vs. State of Haryana case In Deepak Gulati v. State …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
8 months, 1 week ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court
1 year, 1 month ago

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court

Live Law  

To sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent of the woman was obtained based on the false promise, reiterated the Supreme Court. "If it is established that from the inception, the consent by the victim is a result of a false promise to …

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
1 year, 2 months ago

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court

Live Law  

The Supreme Court, while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage was …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 4 months ago

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

Live Law  

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him …

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court
1 year, 6 months ago

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court

The Hindu  

September 23, 2023 11:24 am | Updated 11:24 am IST - NEW DELHI : The Delhi High Court has recently held that a live-in relationship between two consenting adults, married to different partners, may be considered undesirable by a section of society but it is not a criminal offence. Similarly, immorality cannot be punished by law unless provided by a …

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 …

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man
1 year, 8 months ago

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man

Live Law  

The Gujarat High Court recently quashed a rape case against a man, observing that the case is of consensual sex. The court said that the complainant was well aware of the pros and cons of the relationship and that no false promise of marriage was given at the early stage. It is not the case that, but for the false …

Consensual sex not rape if promise of marriage broken: Orissa High Court
1 year, 8 months ago

Consensual sex not rape if promise of marriage broken: Orissa High Court

Firstpost  

The Supreme Court order had said that if two persons maintained a physical relationship on an assurance of marriage to the victim, which due to some reasons failed to materialise later, it cannot be called rape with a claim that the promise had been broken, the bench observed. The Orissa High Court has said that if a consensual physical relationship …

Consensual sex not rape if promise of marriage is broken: Orissa High Court
1 year, 8 months ago

Consensual sex not rape if promise of marriage is broken: Orissa High Court

India TV News  

Orissa High Court on Friday asserted that a consensual physical relationship cannot be considered rape if the promise of marriage could not be materialised for some reasons. “In the former case, for any such sexual intimacy, an offence under Section 376 IPC is not made out, whereas, in the latter, it is, since the same is based on the premise …

HC Discharges 67-year-old Man from Rape Case Citing Consensual Relationship with Woman
1 year, 10 months ago

HC Discharges 67-year-old Man from Rape Case Citing Consensual Relationship with Woman

News 18  

The Bombay High Court has discharged a senior citizen from a 2015 rape case registered against him by a 61-year-old woman, noting that they were in a consensual relationship and the physical relations were not forced. The complainant in an FIR registered with the Pune police in 2015 had alleged that the man had forced physical relations with her on …

If Minor and Accused are Married, Physical Relationship Between Them will be Presumed: HC
1 year, 10 months ago

If Minor and Accused are Married, Physical Relationship Between Them will be Presumed: HC

News 18  

The Allahabad High Court on Wednesday observed that “if there is a statement of a minor victim that either she and the accused have solemnised marriage or stayed as husband and wife, then there will be a presumption that during their stay together they had physical relationship except where the victim specifically denies so”. The court held that in cases …

Marital Rape | Supreme Court To Hear Pleas Seeking To Criminalize Marital Rape On May 9, 2023
2 years ago

Marital Rape | Supreme Court To Hear Pleas Seeking To Criminalize Marital Rape On May 9, 2023

Live Law  

The Supreme Court on Wednesday listed the pleas concerning the constitutional validity of the Marital Rape exception on May 9, 2023. The batch of petitions, which was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala for 21st March 2023, could not be heard then owing to Justice Pardiwala's absence.Accordingly, the matter was. …

NGO opposes criminalisation of marital rape in SC, says it would destabilise institution of marriage
2 years, 2 months ago

NGO opposes criminalisation of marital rape in SC, says it would destabilise institution of marriage

India Today  

An NGO has moved the Supreme Court opposing the criminalisation of marital rape, saying it would destabilise the institution of marriage. The petition filed by NGO Purush Aayog Trust through its president Barkha Trehan has sought the court's intervention in a batch of petitions pertaining to criminalisation of marital rape and the Indian Penal Code provision that provides protection to …

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case
2 years, 2 months ago

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case

Live Law  

The Kerala High Court on Tuesday quashed rape case against a 31-year-old man, observing that he and the complainant were in a consensual relationship and his promise to marry her was not with an intention to deceive her.The accused and the complainant had worked together in the Malayalam Serial, 'Akashadooth'. The Kerala High Court on Tuesday quashed rape case against …

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 …

Supreme Court's Verdict On MTP Act Might Pave Way For Criminalization Of Marital Rape In India
2 years, 5 months ago

Supreme Court's Verdict On MTP Act Might Pave Way For Criminalization Of Marital Rape In India

Live Law  

India is one of the few countries in the world that is yet to criminalise martial rape. Supreme Court's ruling on MTP Act and Marital Rape inclusion On September 29, a bench led by Justice DY Chandrachud in X vs Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi, significantly held that the meaning of rape must …

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 …

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023
2 years, 6 months ago

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023

Live Law  

Supreme Court bench of Justice Ajay Rastogi and Justice B. V. Nagarathna today issued notice on a batch of petitions filed assailing the split verdict of the Delhi High Court on the issue of Marital Rape. Counsel appearing for All India Democratic Women's Association, Advocate Karuna Nundy submitted that "the substantial question of law in the opinion of the two …

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 …

Consensual sex on genuine promise of marriage not rape: Supreme Court
2 years, 7 months ago

Consensual sex on genuine promise of marriage not rape: Supreme Court

The Hindu  

The Supreme Court has held that it is not rape if consensual physical relationship was based on a genuine promise of marriage which could not be fulfilled. A Bench led by Justice Sanjay Kishan Kaul highlighted the distinction between "a false promise to marriage which is given on understanding by the maker that it will be broken and a breach …

Promise Of Marriage Made In Good Faith But Subsequently Not Fulfilled : Supreme Court Quashes Rape Case
2 years, 7 months ago

Promise Of Marriage Made In Good Faith But Subsequently Not Fulfilled : Supreme Court Quashes Rape Case

Live Law  

While quashing a rape case, the Supreme Court observed that there is a distinction between a false promise to marriage and a breach of promise which is made in good faith but subsequently not fulfilled.The court noted that, in this case, both parties were admittedly in a consensual relationship from 2009 to 2011. While quashing a rape case, the Supreme …

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 …

Marital rape: Appeal filed in SC against Delhi HC’s split verdict
2 years, 10 months ago

Marital rape: Appeal filed in SC against Delhi HC’s split verdict

Hindustan Times  

NEW DELHI: An appeal has been filed in the Supreme Court against the Delhi High Court’s split verdict on a bunch of pleas seeking to criminalise marital rape. Khushboo Saifi moved the appeal through her counsel days after the high court last week gave the verdict while referring the matter to the Supreme Court for an authoritative decision. Both 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 …

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