Abhay Narayan K, BBA LLB (Hons), School of Law, Christ (Deemed to be University), Bengaluru
ABSTRACT
The Indian Penal Code of 1860 does not recognize that it is illegal for a husband to rape his wife, meaning that marital rape is not a crime in India. The reasons behind this are numerous and may be found in a number of Law Commission papers, parliamentary discussions, and judicial precedents. The justifications range from preserving the sacredness of the marriage institution to the already present alternative legal remedies. Men naturally express feelings of dominance. Law and order play a significant part in defining and regulating norms for human conduct all across the world. The laws have been enacted, and the proper penalty for them has been imposed in the Indian Penal Code of 1860. But the majority of people don’t realize that the British created these regulations a long time ago. Marital rape was not seen as a crime at the time, which may be one of the reasons it was excused from the penal laws.
Keywords: Marital rape, Indian Penal Code, Judicial precedents.