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.
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.