Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Guest (n/a)     07 December 2008

Why is raping your wife a crime?

Why is marital rape considered to be a crime? A husband has rights over his wife's body and similarly a woman has rights over her husband's! sometimes wives deny s*x to their husbands to blackmail them forcing them to take this step its better to rape ur wife than to visit a prostitute or have extra marital s*x. If a woman dutifully fulfills her responsibilities, such a situation wont arise where a husband has to force himself on her. I feel marital rape shouldnt be reagraded as a crime, and the courts should see the reason y the husband was induced into taking this drastic step!


 12 Replies

Shree. ( Advocate.)     07 December 2008

Dear Gagan,

What is the difference between a marital rape and rape? Both are the same. Just that, in the first case the perpetrator happens to be your husband." However, the law has always turned a blind eye to marital rape.

Marital rape is considered a criminal offence in Argentina, Australia, Austria, Barbados, Belize, Bulgaria, Canada, Croatia, Cyprus, Denmark, Ecuador, England, the Fiji Islands, Finland, France, Georgia, Germany, Honduras, Hong Kong, Ireland, Israel, Macedonia, Mexico, Namibia, Nepal, the Netherlands, New Zealand, Norway, the Philippines, Poland, South Africa, Spain, Sri Lanka, Sweden, Taiwan, Trinidad/Tobago, US, Uzbekistan, and Zimbabwe.

N.K.Assumi (Advocate)     07 December 2008

Wife is not a chattel of her husband to use her in any manner he likes.He has to respect her feelings and moods etc.


Rajan Salvi (Lawyer)     07 December 2008

Why this need of dominance ? Is there no such thing as consent.? What enjoyment will a person have if the other partner is not willing.? Why this unresistable urge to purge? It took generations for turning a beast into a man and now do we again go back? Rape degrades a person not only in the eyes of the society but even the raped person feels humiliated and degraded. It is not only assault on body but worse damage iis caused to the mind. A women leaves her parental home , comes to your house, looks after u and ur family, cares for u day in and day out- her whole existance revolving around u , and then u want to speak in favour of marital rape being allowed. It is a shame. Please do not forget , we also have sisters and daughters.

Rajan Salvi (Lawyer)     07 December 2008

Assuming u to be a male, i put a hypothetical question to you. If you are not willing and your partner is trying to force herself u , for how long would u bear the pain--- leave alone insult and humiliation ?

Kindly bear in mind that the terms U and ur partner are used in the generic and not particular. The discussion is academic.

Prakash Yedhula (Lawyer)     07 December 2008

There are now very few countries in the world which do not criminalise marital rape. Sadly, India is one of these few countries (the article identifies Malaysia as another such nation). Let us examine the position in India. Section 376 of the Indian Penal Code, which defines the offence of rape provides an exception for marital rape, as follows:

Exception- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

In its 172nd Report (dated March 2000), the Law Commission of India tackled the issue of marital rape while addressing other proposals for reforming the provisions relating to rape. The treatment accorded appears to be extremely superficial as is evident from the Law Commission’s summary dismissal of the proposed reform:

"Representatives of Sakshi [the women’s organisation which litigated the issue of reforming Indian penal laws relating to offences against women] wanted us to recommend the deletion of the exception, with which we are unable to agree. Their reasoning runs thus: where a husband causes some physical injury to his wife, he is punishable under the appropriate offence and the fact that he is the husband of the victim is not an extenuating circumstance recognised by law; if so, there is no reason why concession should be made in the matter of offence of rape/s*xual assault where the wife happens to be above 15/16 years. We are not satisfied that this Exception should be recommended to be deleted since that may amount to excessive interference with the marital relationship." (Emphasis added)

Prakash Yedhula (Lawyer)     14 December 2008

 Find attached an useful analysis on marital rape

Attached File : 55 marital rape.doc downloaded: 172 times

AEJAZ AHMED (Legal Consultant/Lawyer)     14 December 2008


National Commission for women Act. 1990 by the Parliament of India

There have been various recommendations relating to the prevention of crimes against women. The foremost being ` the establishment of special courts to deal with cases of crimes against women. Secondly, setting up a time limit for the disposal of cases which . is the most essential prequisite to secure justice is an essential feature discussed to stop the increase in the trauma of the victim with each passing day. Again attempts should be made to prevent delay in investigation or crimes like rape, dowry deaths, s*xual harassment etc. . are prime recommendations as _ delay dilut the evidence. Capital punishment should be awarded to persons committing the offence of rape. Again it is also essential to include the marital rape which should be ` recognised as a form of crime to be reported. Next, it is most essential that the demand of dowry should be a ground for obtaining divorce. Legal literacy should be given to the women folk to make them aware of their rights.


I do agree with the opinion of my friends.

Pankaj Kundra (Advocate)     29 December 2008

I would like to post a question here . why are we using * instead of e in s*x .. is it still considered a taboo... even in the lawyers community ..

Mahesh V.P. (Advocate)     05 January 2009

Totally agree with Pankaj Ji

Anil Agrawal (Retired)     12 February 2009

 You are living a fool's paradise if you think a husband has a right over his wife's body. Surely you are a candidate for prosecution if you have such a notion and your wife prefers to file a complaint against you for forced intercourse which amounts to rape.

Anil Agrawal (Retired)     13 February 2009

 No body objects. You can use whatever you like. We are told to celebrate Valentine's Day. Did our forefathers also did so? Yes, they did not do so many things that we do today. So what? You are my Valentine! My foot?

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