A judgment by the Karnataka High Court has held a man guilty of raping his wife and said marriage is not a license for such acts. India is one of the few countries that have still not criminalised marital rape.
As per Exception 2 to Section 375[1] (“the Exception”), Indian Penal Code, 1860 (“IPC”), any man who indulges in sexual activity with his own wife (the wife not being under eighteen years of age) will not be constituted as an offence of rape.
A single-judge bench of Allahabad High Court while hearing an application under Section 482 filed by Sunil @ Moni And Another has said that the right of fair trial cannot be denied to an accused who has been charged with a serious offence.