MARITAL RAPE: LEGAL AND SOCIETAL PERSPECTIVES IN INDIA

AUTHOR – PRADNYA DEORE, LAW STUDENT AT, KES SHRI JAYANTILAL H. PATEL LAW COLLEGE, KANDIVALI, MAHARASHTRA, INDIA

BEST CITATION – PRADNYA DEORE, MARITAL RAPE: LEGAL AND SOCIETAL PERSPECTIVES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 199-204, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marital rape, the non-consensual sexual intercourse within marriage, is not recognized as a criminal offense in India due to Exception 2 of Section 375 IPC^[1], which exempts husbands from prosecution. This exemption has legal and societal implications, as highlighted in this research paper. While the Protection of Women from Domestic Violence Act of 2005^[2], offers civil remedies for victims, the Independent Thought v. Union of India ^[3](2017) judgment increased the minimum marital age for consent to 18. Despite advancements like the Criminal Law (Amendment) Act, 2013 (Nirbhaya Act)^[4], the absence of criminalizing marital rape persists. Data from the National Family Health Survey (NFHS) reveals the prevalence of intimate partner violence, including sexual coercion within marriage. This paper emphasizes the need for legal reform to criminalize marital rape by removing Exception 2, thus safeguarding women’s fundamental rights to dignity and bodily autonomy.

Keywords: Marital Rape, Protection of Women from Domestic Violence Act, Nirbhaya Act, Independent Thought v. Union of India

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[1]  Indian Penal Code, 1860, § 375 (India)

[2]  Protection of Women from Domestic Violence Act, No. 43 of 2005, India Code (2005)

[3]  Independent Thought v. Union of India & Anr. (2017) 10 SCC 800

[4]  Criminal Law (Amendment) Act, No. 13 of 2013, India Code (2013)