The Madhya Pradesh High Court has held that forced unnatural sex by a husband amounts to cruelty under Section 498A IPC, but it cannot be treated as rape under Section 376 or unnatural offence under Section 377 IPC.
The Supreme Court of India is set to hear pleas regarding whether a husband should be immune from prosecution for rape if he coerces his adult wife into sex. The debate surrounds the marital rape exception in the IPC and newly enacted laws, highlighting significant legal and social implications.
Today(on 16th July), Senior Advocate Indira Jaising asked the Supreme Court to prioritize the pending marital rape issue, which faced delays during a tax case discussion led by Chief Justice Chandrachud. The case challenges the exemption of married women from filing rape charges against their husbands. Justices have differing views on the constitutional validity of this exemption.
The Telangana High Court has issued a significant directive for trial courts handling cases involving child victims of alleged rape, especially when there is no medical evidence to corroborate the claim. The court emphasized the need for a deeper understanding of what the child victim means by ‘rape‘ in their testimony. Also read- Supreme Court […]
