Criminalising marital rape: Delhi High Court delivers split verdict

Exception 2 of IPC Section 375 says that a rape charge cannot be filed against a man who has non-consensual sex with his wife

The Delhi High Court's divisional Bench on Wednesday delivered a split verdict in the marital rape case regarding the validity of Exception 2 to Section 375 of the Indian Penal Code (IPC).

The exception says that a rape charge cannot be filed against a man who has non-consensual sex with his wife.

This very exception and its validity was challenged before the Delhi High Court.

The verdicts of the two judges -- Justices Rajiv Shakdher and C Hari Shankar -- differed on the matter. While Justice Shakdher struck down the provision as unconstitutional, Justice Shankar upheld it.

The High Court