Abstract

The following article is an analysis of Exception 2 to Section 375 of the Indian Penal Code, 1860. The provision is an exception clause to Section 375 of the IPC, 1860 which deals with the offence of rape and has been lately amended by the Criminal Law (Amendment) Act of 2013. While the provision is exhaustive and explanatory in detail, it gives a nod to and exempts marital rape. It states expressly that sexual intercourse by a man with his wife, who is not 15 years of age, is not rape. The provision is contradictory to not only its very own section but also to a number of other laws. Firstly, it allows for a man to rape his own wife. Secondly, it technically reduces the age of consent for a married woman, where in turn it also implies that there is no requirement of consent of a married woman. It is also not seen as criminal under the laws relating to domestic violence. There is no respite for a woman who suffers at the hands of her own husband, but if she was raped outside, the laws would help her. India is a signatory member of the Convention on the Elimination of all forms of Discrimination against Women, but has not done away with an expressly oppressing law. We are still stuck with the ancient laws based on the principle of pativrata. The article discusses in detail the foundation of the irrevocable consent, the development of law, the implications of the current law and the need and suggestion for changes.

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