A two-judge bench of Delhi High Court pronounced split verdict on criminalising marital rape on Wednesday, leaving the law unchanged for now. Justice Rajiv Shakdher ruled in favour of criminalising marital rape while Justice Hari Shankar disagreed.

Justice Shankar held that Exception 2 to Section 375 doesn’t violate Constitution as it’s based on intelligible different.

Under the exception given in Section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.

According to the order passed by Justice Rajiv Shakdher, husbands can be held criminally liable for sexual relations without the consent of the wife while Justice C Harishankar showed disagreement with this view.

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