MARITAL RAPE: LACUNAE IN THE CRIMINAL LAW OF INDIA
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Abstract
Post 2013, Nirbhaya Amendment Act, 2013, (framed by Justice J.S. Verma Committee Report, headed by Justice J.S. Verma, Former, Judge, Supreme Court of India) expanded the definition of rape, which was made much more inclusive and was broadened and envisaged in itself a huge scope of crime that could be done. The punishment was increased and further, even including in itself Life Imprisonment and Death Sentence. Rape in itself means a nonconsensual sex, wherein, consent is either not freely obtained or is not obtained for any sexual or physical act.
But it is to be taken into consideration that this rule of consent also has certain exceptions to it and one of the main exception to it is ‘Marital Rape’, which is not defined in any of the laws present in India.
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