Marital Rape Exception in India - A Critical Analysis

Marital rape, the act of non-consensual sexual intercourse within marriage remains legally exempt in India, despite widespread advocacy, international obligations, and judicial scrutiny. While Indian law has progressively adopted a consent-based framework for sexual offences, the marital rape exception embedded in Section 375 of the Indian Penal Code, 1860, and now retained in Section 63(2) of the Bharatiya Nyaya Sanhita, 2023, creates a fundamental contradiction. This article traces the historical origins of the exception, examines the statutory and constitutional framework, analyses key judicial developments, evaluates Law Commission recommendations, compares India’s position with global standards, and critically examines arguments for and against criminalisation. It argues that the continued existence of the marital rape exception is constitutionally untenable and must be urgently reformed. Keywords: Marital Rape, Consent, Bodily Autonomy, Constitutional Rights, Gender Justice, India.