The Karnataka High Court on Tuesday, 23 March, refused to quash charges of rape against a man who has been accused of forcing himself upon his wife.
Section 375 of the Indian Penal Code defines the offence of rape. While this Section has been amended over the years to remove archaic concepts, emphasise the importance of consent, and cover all relevant sexual acts, it still retains an exception for non-consensual sex by a husband with his wife.
In a significant development on the legality to the exception, Justice M Nagaprasanna said that "marriage cannot be used as a license for unleashing brutal beast on the wife," reported Bar and Bench.