Question
Download Solution PDFIn February 2022, the Delhi High Court reserved judgement on a series of Public Interest Litigations (PILs) challenging which exception in Section 375 of the Indian Penal Code (IPC)?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Marital rape.
Key Points
- The PILs challenge the exception clause in Section 375 which excludes marital rape from the definition of rape.
- The challenge is significant as it could lead to the criminalization of marital rape and provide more protection to women against sexual violence within marriage.
- Physical torture, dowry death, and suicide are not exceptions in Section 375, but they are related to crimes against women in India.
- Physical torture and dowry death are often associated with domestic violence and dowry-related crimes, respectively.
- Suicide is not a crime, but it is often linked to mental health issues and social pressures faced by women in India.
Additional Information
- Section 375 of the Indian Penal Code deals with the offence of rape.
- The exception being challenged in the PILs is the exception clause which states that sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.
- Marital rape refers to any unwanted sexual acts by a spouse or ex-spouse that is committed without the other person's consent.
- Physical torture refers to any act of violence that causes physical harm or injury to a person.
- Dowry death refers to the murder or suicide of a woman who is unable to meet the demands of her husband or his family for a dowry.
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