New Delhi, September 9, 2026: The Centre on Wednesday told the Supreme Court that any decision to criminalise marital rape falls within the domain of the legislature and executive, and not the judiciary.
The Supreme Court will begin hearing a batch of petitions seeking the criminalisation of marital rape after three weeks. A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana directed that the matter be listed for final hearing on Wednesdays and Thursdays after three weeks.
Centre Says Parliament Must Decide
Appearing for the Centre, Solicitor General Tushar Mehta said criminalising marital rape was the responsibility of Parliament and not the Supreme Court.
The challenge before the court concerns Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita (BNS), which retains the marital rape exception from Section 375 of the erstwhile Indian Penal Code.
The provision states that sexual intercourse or sexual acts by a man with his wife, provided she is not under 18 years of age, do not amount to rape.
The Centre had earlier told the court in its affidavit that it was not in favour of making marital rape a separate criminal offence.
The government has maintained that criminalising marital rape could have serious consequences for the institution of marriage and may impact marital relationships. It has also argued that issues related to sexual relations within marriage should be addressed under existing legal provisions rather than being treated as equivalent to the offence of ordinary rape.
Supreme Court Examines Women's Autonomy
Justice Joymalya Bagchi observed that the safety and physical security of women are important concerns and asked whether the State considers such acts as rape.
"A woman subjected to involuntary sexual intercourse [in marriage] is undoubtedly a victim. We will protect victims. Only question is whether State defines it as rape," Justice Bagchi asked.
He also observed that marriage cannot mean the "extinction of a woman's autonomy".
The court said it would examine two issues: whether prosecution can continue even if the marital rape exception remains, and whether the exception itself is constitutionally valid.
Petitioners Challenge Rape Exception
Senior Advocate Karuna Nundy, appearing for one of the petitioners, argued that a husband cannot claim legal immunity merely because of the marital relationship if he causes grievous injury to his wife.
Also Watch:
Nundy said marriage does not give a person the licence to engage in sexual acts against the wife's consent or inflict severe physical harm.
In 2022, the Delhi High Court delivered a split verdict on whether marital rape should be recognised as a criminal offence. The matter was subsequently brought before the Supreme Court.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
