Marital Rape Exception Case: SC Issues Notice to Centre, Next Hearing in 2023

The Delhi High Court on 11 May, had seen a split decision on the constitutionality of Exception 2 of Section 375.

Supreme Court on Friday, 16 September, issued notices to the Centre and other parties on pleas against Delhi High Court's split verdict in the matter of criminalising marital rape. The apex court has listed the matter for further hearing in February 2023.

The Delhi HC on 11 May, had seen a split decision on the constitutionality of Exception 2 of Section 375 of the Indian Penal Code (IPC).

Exception 2 to Section 375 of the IPC – the section that defines what the offence of rape is – says:

"Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape."