Supreme Court Hears Pleas to Criminalize Marital Rape; Decision Deferred

The Supreme Court has begun hearing petitions challenging Exception 2 to IPC Section 375 (now Section 63 BNS), which exempts husbands from rape charges.

Senior Advocate Karuna Nandy argued the exception violates women’s rights under Articles 14, 19, and 21.

CJI DY Chandrachud questioned whether courts can create offences, but Nandy clarified the plea seeks to strike down an arbitrary exception, not create a new crime.

The Union government opposes the move, calling it a matter for Parliament. The case is now deferred, with the CJI noting it’s unlikely to be decided before his retirement.