Criminalization of Marital Rape

Publication Information

Journal Title: International Journal Of Legal Developments And Allied Issues
Author(s): Sanskriti Kaul
Published On: 09/01/2023
Volume: 8
Issue: 6
First Page: 113
Last Page: 120
ISSN: 2454-1273
Publisher: The Law Brigade Publisher

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Sanskriti Kaul, Criminalization of Marital Rape, Volume 8 Issue 6, International Journal Of Legal Developments And Allied Issues, 113-120, Published on 09/01/2023, Available at


Rape may be perceived as an offense that only occurs between complete strangers, but, non-consensual intercourse occurs frequently in marriages too. Section 375 of the Indian Penal Code defines rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation, or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case, if she is under 18 years of age.” But if the women are a victim of rape by her husband or in other terms, is married to the man, there are no laws broken. There is no crime committed by a man who rapes his wife because “marital rape” is not recognised as an offence under the Indian Penal Code. India is amongst the 36 countries where marital rape is not a criminal offence.

Keywords: Marital Rape, Criminalization, Rape, Indian Penal Code

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