🏠 News Empire
india

Supreme Court to Examine if Husbands Can Be Prosecuted for Unnatural Sex Despite Marital Rape Exception

Published on: 16 Jul 2026, 07:46 PM
Supreme Court to Examine if Husbands Can Be Prosecuted for Unnatural Sex Despite Marital Rape Exception

The Supreme Court on Thursday agreed to examine a crucial question: can husbands be prosecuted for causing physical hurt or mental trauma to their wives through violent, unnatural, or other sexual acts, even if they are shielded from marital rape charges?

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing petitions challenging the constitutional validity of penal law provisions that exempt husbands from marital rape charges. Senior advocate N S Nappinai, appearing for NGO Red Dot Foundation, argued that while the exemption under Section 375(2) of the Indian Penal Code (IPC) and Section 63 of the Bharatiya Nyaya Sanhita (BNS) protects husbands from being prosecuted for rape, they could still be held liable under other penal provisions for hurting their wives through sexual acts.

Nappinai pointed out that the Criminal Laws Amendment Act, 2013, enacted on the Justice Verma Commission’s recommendations after the 2012 Nirbhaya case, had widened the exception to cover all kinds of sexual acts by husbands. The court said it would begin the final hearing on all petitions from September 9.

The key question before the court is whether it can create a new offence by striking down the exception under Section 375(2) of the IPC and Section 63 of the BNS. Currently, the IPC exempts a husband from rape charges for sex with his wife if she is 15 or older. In 2017, the Supreme Court raised the age to 18, which the BNS now explicitly adopts.

The central government has opposed criminalising marital rape, arguing that marriage is a unique relationship not centred on sex. It said Parliament consciously created the exception, and treating marital sex as rape would be disproportionate. However, the government acknowledged that a husband has no right to violate his wife’s consent.

Latest in India 10
Centre Forms Panel Led by Ramesh Chand to Examine Sugarcane Farmers' Pricing Concerns
india

Centre Forms Panel Led by Ramesh Chand to Examine Sugarcane Farmers' Pricing Concerns

The Union Government has set up a four-member committee headed by former NITI Aayog member Ramesh Chand to study the demands of sugarcane farmers, including higher returns and a revision of the ex-mill Minimum Selling Price of sugar. The panel will also examine sugar recovery testing, weighment practices and deductions on mechanically harvested cane. It will consult farmers, mill associations and State Governments before submitting its report.

The Hindu 15 Oct 2026, 04:57 AM
Read More →
Kerala High Court refuses to let Pinarayi Vijayan, kin appeal FIR order in CMRL-Exalogic case
india

Kerala High Court refuses to let Pinarayi Vijayan, kin appeal FIR order in CMRL-Exalogic case

The Kerala High Court has dismissed applications by former Chief Minister Pinarayi Vijayan, his daughter T. Veena and her husband P.A. Mohamed Riyas seeking leave to appeal against a single judge's October 9 direction to register an FIR against them in the CMRL-Exalogic payoff case. The Division Bench said the order does not take away their right to pursue other legal remedies. No court has recorded any finding of guilt in the matter.

The Hindu 15 Oct 2026, 05:33 AM
Read More →
Supreme Court Upholds Madras HC Order Striking Down Tamil Nadu Reservation Notification for Converts
india

Supreme Court Upholds Madras HC Order Striking Down Tamil Nadu Reservation Notification for Converts

The Supreme Court has dismissed the Tamil Nadu government's appeal and upheld a Madras High Court order quashing a State notification that extended reservation benefits to converts to Islam from communities already listed as backward. A Bench headed by Justice Prashant Kumar Mishra held that conversion alone does not make a person a member of a notified backward Muslim community, and that the notification created an 'artificial group' without the statutory social checks the law requires.

The Hindu 15 Oct 2026, 05:41 AM
Read More →
Starlink curbs hit Ukrainian drones: Is Washington signalling a retreat from Kyiv?
india

Starlink curbs hit Ukrainian drones: Is Washington signalling a retreat from Kyiv?

Ukrainian officials say a slowdown in Starlink and Starshield services has disrupted drone operations, frontline logistics and air defence, and some allege deliberate interference. The reports came days after President Donald Trump announced an “energy ceasefire” and a plan to buy diesel from Russia, raising fresh questions in Kyiv about Washington’s reliability as an ally. The claims have not been independently verified.

The Hindu 15 Oct 2026, 05:53 AM
Read More →
India Questions UN Rights Body's Silence on PoK Unrest, Alleges 'Extreme Selectivity'
india

India Questions UN Rights Body's Silence on PoK Unrest, Alleges 'Extreme Selectivity'

India has asked the UN human rights office to state when it will issue a report on steps taken by Pakistan to address concerns in Pakistan-occupied Kashmir, citing earlier OHCHR statements on killings, internet curbs and detained leaders. New Delhi accused the office of 'extreme selectivity' and double standards, while restating that its law enforcement acts in accordance with the law and that Jammu and Kashmir and Ladakh are integral parts of India.

Times of India 15 Oct 2026, 03:24 AM
Read More →
Indonesia's Kalimantan Blanketed in Orange Smog as Air Pollution Soars Past Hazardous Levels
india

Indonesia's Kalimantan Blanketed in Orange Smog as Air Pollution Soars Past Hazardous Levels

A thick orange smog has descended on Palangka Raya in Indonesia's Central Kalimantan, with the air pollution index exceeding 1,200—four times the hazardous level. The haze is linked to wildfires and slash-and-burn land clearing, and is affecting millions across Indonesia, Singapore and Malaysia. Authorities are facing calls for stronger action as health concerns grow.

BBC News 15 Oct 2026, 03:26 AM
Read More →
Anthropic tells investors revenue jumped 45% to $16.8bn ahead of listing plans
india

Anthropic tells investors revenue jumped 45% to $16.8bn ahead of listing plans

Anthropic has told prospective investors its revenue rose 45% to $16.8bn in the three months to September, as it prepares for a possible stock market listing. The privately shared figures have not been independently verified. The news comes as chip makers and other AI-linked stocks fell sharply in the US and Asia over concerns about the scale of AI infrastructure spending.

BBC News 15 Oct 2026, 03:33 AM
Read More →
→ View All India News