Marital rape a crime? Delhi HC verdict split
2 years, 7 months ago

Marital rape a crime? Delhi HC verdict split

Hindustan Times  

The Delhi high court on Wednesday delivered a split verdict on the criminalisation of marital rape on Wednesday — with one judge calling an exception that exempts husbands from being prosecuted for non-consensual sex with their wives as “morally repugnant” and the other saying it did not violate any law, was not unconstitutional and could continue to exist. Mariam Dhawale, national general secretary of the All India Democratic Women’s Association, one of the petitioners, said, “We are disappointed that the violence that the married women undergo was not taken into consideration by the court and we shall surely appeal to the higher court that finally victims of sexual violence within marriage get justice. “The petitioners’ case is premised on a fundamentally erroneous postulate, for which there is no support available, either statutory or precedential, that every act of non-consensual sex by any man with any woman is rape, the impugned exception does not violate Article 14, 19, 21, but is based on an intelligible differentia having a rational nexus with the object both of the impugned Exception as well as Section 375 itself…,” justice Shankar said. However, in mid-January this year when the hearing again resumed after a pause due to the Covid-19 pandemic, the Union government informed the high court that marital rape cannot be made into a criminal offence until the Centre’s consultation with all stakeholders is complete, paving the way for comprehensive amendments in criminal law instead of “piecemeal” changes.

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History of this topic

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
3 days, 5 hours 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 convicts man for 'attempting' to sexually assault boy in 2015
4 weeks 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 …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
1 month, 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
1 month, 1 week 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
2 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
3 months 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
3 months 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
3 months 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. …

‘We will fight for you, Kolkata sister’
3 months, 2 weeks ago

‘We will fight for you, Kolkata sister’

Hindustan Times  

When a young woman was gang-raped and left to die on the streets of New Delhi in 2012, a shocked and enraged India vowed that her death would not be in vain, that she would be avenged by not letting this happen to “anyone else”. Protests condemning the RG Kar case continue with doctors taking to the streets to demand …

‘We will fight for you, Kolkata sister’
3 months, 2 weeks ago

‘We will fight for you, Kolkata sister’

Hindustan Times  

When a young woman was gang-raped and left to die on the streets of New Delhi in 2012, a shocked and enraged India vowed that her death would not be in vain, that she would be avenged by not letting this happen to “anyone else”. Protests condemning the RG Kar case continue with doctors taking to the streets to demand …

Beyond Lenient Laws: What Will It Take to Protect India’s Women?
4 months ago

Beyond Lenient Laws: What Will It Take to Protect India’s Women?

News 18  

After this fortnight, it is not hard to see why some are demanding speedy punishment, including automatic death sentences for severe crimes against women. A migrant labourer was charged with the crime and sentenced to death, a verdict upheld by the Kerala High Court in May 2024. “Every sinner has a future" There was the startling “every sinner has a …

Legally Speaking | Rape, outrage, and the legal system: Tracing the evolution of India's rape laws
4 months ago

Legally Speaking | Rape, outrage, and the legal system: Tracing the evolution of India's rape laws

Hindustan Times  

The brutal rape and murder of a postgraduate trainee doctor at Kolkata’s RG Kar Medical College has once again highlighted issues surrounding violence against women, the role of the legal system, and societal attitudes. The history of rape laws in India reveals that public outrage following heinous crimes has often served as a catalyst for legal reforms. The term "rape" …

Supreme Court indicates hearing on marital rape pleas would commence on August 13
4 months, 2 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
4 months, 2 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 …

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court
5 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 …

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

SC to hear pleas challenging marital rape exception in new criminal law on July 18
5 months, 1 week ago

SC to hear pleas challenging marital rape exception in new criminal law on July 18

New Indian Express  

NEW DELHI: The Supreme Court on Tuesday assured the petitioners that it would hear on Thursday the batch of pleas challenging the marital rape exception under the new criminal laws. Senior advocate Indira Jaising, appearing for one of the petitioners, the All India Democratic Women's Association, in the marital rape case, requested that the top court give due importance to …

For an Akshaya Tritiya without child marriages
7 months, 2 weeks ago

For an Akshaya Tritiya without child marriages

New Indian Express  

In early April 2024, the world woke up to the disturbing news of a 62-year-old high priest in Ghana marrying a 12-year-old girl at an event attended by many community members. Closer home, while one in four girls in India are married below the legal age, in 257 high-prevalence districts of the country the incidence of child marriage is more …

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage
7 months, 2 weeks ago

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage

CNN  

CNN — An Indian judge has dismissed a woman’s complaint that her husband committed “unnatural sex,” because under Indian law it’s not illegal for a husband to force his wife to engage in sexual acts. According to the Madhya Pradesh High Court order, the woman told police her husband came to her house in 2019, soon after they were married, …

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
7 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 …

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
7 months, 3 weeks ago

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court

Live Law  

Noting that 'Marital rape' has not been recognised as an offence in India, the Madhya Pradesh High Court has observed that any sexual intercourse, including unnatural sex by a man with a wife, won't amount to rape as the consent of the wife becomes immaterial in such cases. However, as per Exception 2 to Section 375 IPC, sexual intercourse between …

Three important safeguards of rights of rape and assault survivors
8 months, 2 weeks ago

Three important safeguards of rights of rape and assault survivors

Hindustan Times  

The recent outrage over a judicial magistrate in Rajasthan asking a rape survivor to show her injuries has brought into focus once again the gap between how survivors of sexual violence are treated and they should be treated. Here are three important ones: In-camera proceedings introduced via the 2008 amendment to criminal procedure The 154th Report of the Law Commission …

Delhi court initiates woman’s trial for perjury for levelling false rape charges
9 months, 2 weeks ago

Delhi court initiates woman’s trial for perjury for levelling false rape charges

Hindustan Times  

Women misusing the law to level false rape allegations should be dealt with strictly, a Delhi court has said while initiating a trial against a woman for perjury. “.this court is of the considered opinion that it is in the interest of justice that cognizance of the offence of giving false evidence is taken.,” said additional sessions judge Jagmohan Singh …

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court
10 months, 3 weeks 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 …

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

11 Yrs of Nirbhaya Horror: How Delhi Continues to be Most Unsafe City for Women in India - News18
1 year ago

11 Yrs of Nirbhaya Horror: How Delhi Continues to be Most Unsafe City for Women in India - News18

News 18  

In 2012, on the cold and dark night of December 16, the news of the gang rape of a young woman in a moving bus in the national capital shook the nation. Between 2017 and 2022, the rape cases reported in Delhi stood below 1,300, with 2020 being an exception when less than 1,000 cases were reported. The conviction rate …

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

Married to my rapist: The Indian women saying no
1 year ago

Married to my rapist: The Indian women saying no

CNN  

Editor’s Note: This article contains details that readers may find distressing. “Until he gets punished, he will never know or realize what he has done wrong.” A lawyer’s fight In 2017, in an open letter published by Vogue, lawyer Karuna Nundy urged women across the country to “know your power.” “Your right to say yes comes with the right to …

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court
1 year, 3 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, 3 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 …

How are ‘false promise to marry’ cases treated in the new criminal law Bill? | Explained
1 year, 3 months ago

How are ‘false promise to marry’ cases treated in the new criminal law Bill? | Explained

The Hindu  

The story so far: If a man promises to marry a woman but never intends to, and still has ‘consensual’ sex with her, it will amount to a criminal offence under Section 69 of the proposed Bharatiya Nyaya Sanhita, 2023. Chapter 5 of the Bill, titled “Offences against woman and children” describes ‘sexual intercourse by employing deceitful means etc.’, as …

'Woman has right to say 'no' for sex to husband': Ex-SC Justice Deepak Gupta
1 year, 4 months ago

'Woman has right to say 'no' for sex to husband': Ex-SC Justice Deepak Gupta

Firstpost  

As per Section 375 of the Indian Penal Code, rape includes all forms of sexual assault involving non-consensual intercourse with a woman “Women have the right to say ’no’ to sex with their husbands,” said former Supreme Court judge Justice Deepak Gupta as he shared his views on marital rape in the backdrop of Right to Privacy. Spelling out his …

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal
1 year, 4 months ago

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal

Live Law  

The Delhi High Court has upheld the acquittal of a Muslim man in a rape case observing that his physical relationship with the child victim aged about 15 years, who was also his wife, cannot be termed as rape. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the trial court order which observed that …

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler
1 year, 4 months ago

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Live Law  

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court recently expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children. The case revolved around the brutal rape of a minor child, committed …

Armed forces, police found guilty of rape to face 10 yrs jail term
1 year, 4 months ago

Armed forces, police found guilty of rape to face 10 yrs jail term

Live Mint  

Union Home Minister Amit Shah on Friday introduced three bills in the Lok Sabha that attempts to replace the British-era colonial laws, in a bid to overhaul the criminal justice system. The bills introduced in Lok Sabha are Bharatiya Nyaya Sanhita Bill, 2023; Bharatiya Nagarik Suraksha Sanhita Bill, 2023; and Bharatiya Sakshya Bill, 2023 that will replace the Indian Penal …

Karnataka HC rebukes woman for alleging rape against man she dated for 6 years; man cleared of all charges
1 year, 4 months ago

Karnataka HC rebukes woman for alleging rape against man she dated for 6 years; man cleared of all charges

Firstpost  

Justice Nagaprasanna reasoned that given the extensive duration of the sexual relationship spanning six years, it cannot be construed as rape under Section 376 of the Indian Penal Code In a case shedding light on the misuse of laws, the Karnataka High Court has dismissed two criminal cases against a man from Bengaluru. The cases were brought by a woman …

Cannot excuse sexual violence against women in Manipur on ground that crimes are committed against them in other parts of country: Supreme Court
1 year, 4 months ago

Cannot excuse sexual violence against women in Manipur on ground that crimes are committed against them in other parts of country: Supreme Court

The Hindu  

The Supreme Court on Monday said the “systemic” and “unprecedented magnitude” of sexual violence committed against women in Manipur amidst ethnic clashes cannot be excused on the ground that crimes happened to women in other parts of the country too. “You cannot excuse what is taking place in Manipur now on the ground that such crimes are happening to several …

“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court
1 year, 5 months ago

“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has recently quashed pending criminal proceedings against a man for allegedly having sexual intercourse with a lady for decades on the false promise of marriage. While disapproving the continuance of such case, the Single Bench of Justice Sharad Kumar Sharma observed, “In fact, the offence under Section 376 of the IPC as of now in this …

Marital rape petitions to be listed next month: SC
1 year, 5 months ago

Marital rape petitions to be listed next month: SC

Hindustan Times  

The Supreme Court on Wednesday observed that the petitions regarding the validity of the immunity to husband from marital rape “have to be decided”, as it agreed to list the matter after hearing in the Constitution bench matter relating to abrogation of Article 370 gets over in August. A five-judge bench is set to begin day-to-day hearings from August 2 …

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC
1 year, 5 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, 5 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 …

Consensual sex not rape if promise of marriage broken: Orissa High Court
1 year, 5 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, 5 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 …

Disturbing Pattern Emerging Where Accused Marries Rape Victim To Evade Criminal Charges, Abandons Her Once FIR Is Quashed: Delhi High Court
1 year, 5 months ago

Disturbing Pattern Emerging Where Accused Marries Rape Victim To Evade Criminal Charges, Abandons Her Once FIR Is Quashed: Delhi High Court

Live Law  

The Delhi High Court has said that a disturbing pattern is emerging where in certain instances, the accused marries the rape victim to evade criminal charges and promptly abandons her once the FIR is quashed or bail is secured. "Shockingly, numerous cases have come to light where the accused deceitfully enters into a marriage under the guise of willingness, particularly …

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC
1 year, 6 months ago

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC

Live Law  

The Delhi High Court on Thursday observed that it is neither appropriate nor feasible for courts to draw any conclusion or return any finding at the stage of bail of an accused as to whether a promise of marriage made to a prosecutrix was false or in bad faith.Justice Anup Jairam Bhambhani added that such a a finding or decision …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 8 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

List of countries where same-sex marriage is legal
1 year, 8 months ago

List of countries where same-sex marriage is legal

Hindustan Times  

A five-judge Supreme Court bench Tuesday, began hearing a batch of petitions regarding the legalisation of same-sex marriages in India. While the Bharatiya Janata Party-led central government has been opposing the pleas, terming them as merely reflecting “urban elitist views”, the petitioners argued that the LGBTQIA+ community deserved wider constitutional entitlements based on the right to life and personal liberty, …

[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court
1 year, 8 months ago

[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court

Live Law  

When two people invest in a relationship, one of them cannot be blamed merely because the other alleged rape after things went south and the relationship didn’t culminate into a marriage, the Bombay High Court observed while discharging a man accused of raping his girlfriend since eight years. Justice Bharati Dangre set aside the trial court’s order refusing to discharge …

Supreme Court to hear pleas seeking to criminalise marital rape on May 9
1 year, 9 months ago

Supreme Court to hear pleas seeking to criminalise marital rape on May 9

Hindustan Times  

The Union government on Wednesday sought a week to clarify its stand on making marital rape a criminal offence even as the Supreme Court fixed May 9 as the date to commence extensive arguments on a clutch of petitions demanding a change in the legal regime. Senior counsel Siddharth Dave and advocate Jaikriti Jadeja will also appear in the matter …

Marital Rape | Supreme Court To Hear Pleas Seeking To Criminalize Marital Rape On May 9, 2023
1 year, 9 months 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. …

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