Reassessing The Marital Rape Exception: Constitutional Validity And Criminal Jurisprudence In India

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Carol James, Assistant Professor, St Josephs College of Law, Bengaluru

ABSTRACT

This paper undertakes a critical re-examination of the marital rape exception in India within the framework of constitutional validity and criminal jurisprudence. It traces the historical justification of the exception under the Indian Penal Code, 1860, and evaluates its continued relevance in light of contemporary criminal law reforms introduced through the Bharatiya Nyaya Sanhita, 2023. The study analyses whether the exclusion of marital rape from the offence of rape aligns with constitutional guarantees of equality, non- discrimination, dignity, bodily autonomy, and personal liberty under Articles 14, 15, and 21 of the Constitution. Adopting a socio-legal methodology, the paper engages with judicial interpretations, legislative intent, feminist and rights-based critiques, and the lived realities of married women. It further situates the Indian position within evolving global standards to assess the need for doctrinal and legislative reform.

Keywords: Marital Rape Exception, Constitutional Validity, Criminal Jurisprudence, IPC and BNSS, Socio-Legal Research

REASSESSING THE MARITAL RAPE EXCEPTION- CONSTITUTIONAL VALIDITY AND CRIMINAL JURISPRUDENCE.

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