An Analysis of Law on Marital Rape
Rape is derived from a word “Raptio” which means “to seize” As far as the meaning of Marital Rape is concerned, it is relevant to note that the Penal Laws of our Country i.e. Indian Penal Code and Cr.PC has not yet it defined and not made an offence, in case, where wife is above 18 years of age, but by way of judicial interpretation we may define it as “Marital Rape is committed when sexual intercourse act committed by husband with his wife without her consent or by force or even against her wish. At this juncture, it is relevant to note that Indian Penal Code do recognise that Judicial Separated husband can commit the offence of Rape with his wife, if she is not the willing/consent Party to do sexual act. The said issue of Marital Rape has been come into highlight in the wake of recently pronounced two judgments of the High Court in India viz Chhatisgarh and Kerala High Courts. The Chhattisgarh High Court in the revision petition filed before it in the ca...