[Marital Rape] The Punjab and Haryana High Court will consider whether a wife can file a rape complaint against her husband The petitioner-husband sought the quashing of the wife's FIR, claiming that she could not possibly use Section 376 of the IPC against her spouse. On Monday, the Punjab and Haryana governments agreed to rule on the legality of a first information report (FIR) filed by a wife against her husband under Section 376 of the Indian Penal Code (penalty for rape) (Anupam Mahajan vs. State of Punjab). The petitioner, his mother, and sister were charged with violating the IPC's Sections 376 and 120-B (criminal conspiracy).
The petitioner had often exposed his wife to unprotected intercourse while under the influence of alcohol, without her consent, and had also physically harmed her, according to the FIR. However, it was argued on the petitioner's part that even if the FIR's accusations were accurate, no violation of Section 376 could be shown because the respondent was his lawfully married wife. Exception 2 to Section 375 was noted by the petitioner. It was argued that the accepted legal position is that a wife beyond the age of fifteen cannot bring a lawsuit under Section 376. “As a result, the FIR's continued existence is unlawful, and the save ought to be quashed,” the appeal claimed.
As a result, the petitioner filed an opposition to the FIR, claiming that it was filed with closed eyes, without checking the facts of the case. The Supreme Court's decision in State of Haryana vs. Ch. Bhajan Lal was cited to support the argument that the FIR and proceedings should be dismissed due to abuse and misuse of the legal process. It was also brought to the Court's attention that the issue will be considered by the trial court on August 25 for the drafting of a charge. As a result, the High Court scheduled the case for September 27 while instructing the trial court to reschedule the case for a date other than September 27. The Petitioners were represented by Arnav Sood, an attorney.
The Chhattisgarh High Court recently ruled that in Indian law, marital rape is not recognised or considered an offence, and that Exception 2 to Section 375 (which defines the offence of "rape") of the Indian Penal Code (IPC) 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."
Tags : #Punjab and Haryana High Court #Marital Rape #Section 376