Marital Rape: Existing Legal Framework in India – Quest for Recognition and Liability

  • Akanksha Bhatt and Kuljit Singh
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  • Akanksha Bhatt

    Student at Law College Dehradun, Uttaranchal University, India

  • Kuljit Singh

    Assistant Professor at Law College Dehradun, Uttaranchal University, India

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Sexual offences are a worldwide issue that affects the social well-being of not only the victims, but also their families and friends, due to the stigma associated with them and the poor reaction by law enforcement agencies. The purpose of this article is to explain the phenomenon of a husband's sexual offence against his wife, as well as to address prevention and control strategies. This article examines the definitions of rape and marital rape, as well as their legal and societal implications in India. It describes the victims' condition and the difficulties they encounter. The article inquires about the legislation concerning rape and marital rape, as well as the penalties imposed on the perpetrator. It also discusses the role of the victim's consent in sexual offences and how consent should be assessed in the context of sexual activities. The article claims that marital rape should be criminalized in India's legal system, and that it should be considered the same as rape in terms of punishment. It concludes with some more recommendations in favor of the victims in order to improve their social standing. Also, it examines the major case laws linked to the topic for clarity in the subjects.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 2025 - 2034


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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