Disclaimer

This website has been designed only for the purposes of dissemination of basic information on ILRF; information which is otherwise available on the internet, various public platforms and social media. The contents of this website have been collated from external sources believed to be reliable; however, the India Legal Research Foundation expressly disclaims any and all liability for the accuracy, completeness, or veracity of the information contained herein. ILRF is not responsible for any reliance that a reader places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof. Readers are advised to confirm the veracity of the same from independent and expert sources.

This website is not an attempt to advertise or solicit clients, and does not seek to create or invite any lawyer-client relationship. The links provided on this website are to facilitate access to basic information on ILRF, and to share the various thought leadership initiatives undertaken by it. The content herein or on such links should not be construed as a legal reference or legal advice. Readers are advised not to act on any information contained herein or on the links and should refer to legal counsels and experts in their respective jurisdictions for further information and to determine its impact.

ILRF advises against the use of the communication platform provided on this website for exchange of any confidential, business or politically sensitive information. User is requested to use his or her judgment and exchange of any such information shall be solely at the user’s risk.

ILRF uses cookies on its website to improve its usability. This helps us in providing a good user experience and to also help in improving our website. By continuing to use our website without changing your privacy settings, you agree to use our cookies.

ILRF Logo
ILRF Logo
Back to Journal Issues

Journal of Legal Research by ILRF · Vol. 1, Issue 2 (April 2026)

Should Marital Rape Be Recognised as a Criminal Offence in India: A Comparative Analysis of Domestic Law and International Human Rights Standards?

Nidhi

Download Full Text (PDF)Open access

Abstract

India is one of the few democracies in the world that does not make marital rape a crime. Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023, which replaces the previous Exception 2 to Section 375 of the Indian Penal Code, 1860, clearly exempts a husband from being prosecuted for raping his wife.

Article Information

Journal
Journal of Legal Research by ILRF
ISSN
3139-7107 (Online)
Volume
1 (I)
Issue
2 — April 2026
Length
13 Pages
Published
10 July 2026
Publisher
India Legal Research Foundation
DOI
Not yet assigned

How to Cite

Nidhi, “Should Marital Rape Be Recognised as a Criminal Offence in India: A Comparative Analysis of Domestic Law and International Human Rights Standards?”, Journal of Legal Research by ILRF, Vol. 1, Issue 2 (April 2026), ISSN 3139-7107.

India Legal Research

Foundation

ILRF

An independent legal research foundation strengthening access to justice, dispute resolution, and constitutional governance in India.

+91 8377009673
contact@ilrf.in
A-9, Block A, Sector 68, Noida,
Basi Bahuddin Nagar, Uttar Pradesh 201309

Initiatives

Company

ISSN 3139-7107 (Online)

© 2026 Indian Legal Research Foundation.

Privacy PolicyTerms & Conditions

All rights reserved.