The Supreme Court has stepped in to address a plea challenging the retention of the marital rape exception in the new criminal law, Bharatiya Nyay Sanhita. This exception has long been criticized for excluding non-consensual sexual intercourse within marriage from the definition of rape under certain circumstances.
In response to the petition, the Supreme Court has issued a notice to the Centre, indicating its intent to examine the legality and constitutionality of this provision. The notice serves as a formal call for the government’s response on the matter.