In 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)?

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SSC CGL 2023 Tier-I Official Paper (Held On: 20 Jul 2023 Shift 3)
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  1. Physical torture
  2. Marital rape
  3. Suicide
  4. Dowry death

Answer (Detailed Solution Below)

Option 2 : Marital rape
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PYST 1: SSC CGL - General Awareness (Held On : 20 April 2022 Shift 2)
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Detailed Solution

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The 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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