Home / Volume 4, Issue 5 / Marital Rape Status in India Section 375 (Exception… Open access · CC BY-NC 4.0
Research Paper Volume 4 Issue 5 636 - 644 September 19, 2021

Marital Rape Status in India Section 375 (Exception of IPC): Why Government Should Remove it Immediately?

Lead author · Corresponding
Shivani Singh
Student at Banasthali Vidyapeeth Rajasthan, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.111954
Abstract

This paper deals with Marital Rape Status in India, Section 375 (Exception of IPC) Why Government Should Remove it immediately? In this paper, I have briefed the emergence of Rape and punishment defined; in 1900 BCE in Babylon, a man could be sentenced to death for forcing sex upon someone's wife or daughter on the ground of Vandalising someone else property. Also, I have dealt with marital Rape in India, which is not defined in the Indian penal code. Hence, it has not been criminalized and is largely not viewed as Rape by Indians due to the sacred nature of marriage in Indian culture. Thus we cannot find any good law in the Indian Penal Code and our Indian Constitution; hence we can say that marital Rape has immunity in our rules. Domestic violence and Marital Rape, Rape are a part of domestic violence, and it is because of our Patriarchal mindset, society, or structure. The Indian Domestic Violence Act regards marital Rape as a form of domestic violence and provides for a lesser jail term than non-marital Rape. Need for cognizance of marital Rape and a debate for non-criminalization, and here I have discussed the justice Verma committee and very recent judgments of different courts.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 636 - 644
DOI: https://doij.org/10.10000/IJLMH.111954
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

Export citation


        
📢 Call for Papers — Volume IX Issue III now open  ·  Impact Factor 7.010  ·  Indexed in HeinOnline, Manupatra & Google Scholar + 1000+ Libraries  ·  Free DOI Submit Now →
Chat with us