Current Indian Law on Marital Rape
As of 2025, Indian law does not explicitly recognize marital rape as a criminal offence under Section 375 of the Indian Penal Code (IPC). The law includes an exception stating that "sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape."
This legal loophole has come under severe criticism both domestically and internationally, with human rights advocates and women’s rights groups demanding reform for over two decades.
Legal Exceptions & IPC Section 375
Section 375 of the IPC defines rape but includes the controversial Exception 2, which grants immunity to husbands from being charged with rape. This effectively means that a married woman cannot file a rape case against her husband under the current law—no matter how violent or non-consensual the act is.
However, victims of marital sexual abuse may explore legal options under:
- Section 498A IPC – Cruelty by husband or his relatives
- Protection of Women from Domestic Violence Act (PWDVA), 2005 – Civil remedies such as protection orders and residence orders
Judicial Trends & Recent Developments
Several High Courts in India have recently acknowledged that forced sex within marriage could be a violation of constitutional rights. In particular, the Delhi High Court heard a case challenging Exception 2 to Section 375, but the bench was split in its decision.
The matter is now pending before the Supreme Court, where a larger bench is expected to address the constitutional validity of this exception. If struck down, it would pave the way for criminalizing marital rape in India.
How Other Countries Handle Marital Rape
Globally, more than 100 countries have criminalized marital rape, recognizing that consent is essential in all sexual relationships, including within marriage. Countries like the UK, USA, South Africa, and Canada have laws that treat rape by a spouse as seriously as rape by a stranger.
India remains one of the few democratic nations where this legal protection does not exist for married women.
Legal Help for Survivors of Marital Abuse
If you are a survivor of forced sex within marriage, there are still legal tools available:
- File a complaint under Section 498A IPC for cruelty
- Seek a Protection Order under PWDVA
- Approach the State Legal Services Authority for free legal aid
- Consult support NGOs like Majlis, Breakthrough, or SNEHA
You can also read related posts on Women's Legal Rights in India or How to File a Domestic Violence Case.
Conclusion
While a husband cannot currently be charged with rape under Indian law due to the marital exception, this is not the end of the legal road. Other legal remedies do exist, and with growing public discourse and judicial attention, the law is slowly evolving. Survivors of marital sexual abuse should not suffer in silence—support is available, and the fight for legal recognition continues.
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