The Delhi High Court on Tuesday asked Senior Advocate and Amicus Curiae Rebecca John to consider whether the postulation that the exception to Section 375 of the Indian Penal Code, 1860, takes away or abridges the right of a woman to prosecute for rape when the perpetrator is the husband is a correct and proper analysis of the exception.
Delhi High Court division bench is hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, 1860, to the extent that it excludes sexual intercourse by a man with his own wife, the wife being above fifteen years of age, from the offence of rape.