Pleas Challenging Marital Rape Exception : Live Updates From Supreme Court

CJI; after lunch , formulate the challenges

Dave: please see how the provision stood pre 2013 amendment

CJI: sexual acts A-D may not be exhaustive but they are sexual acts, if you comprehend that under (b) that is also sexual act and would put the husband under the exception 2

CJI: if its a sexual act by husband (which includes clause b) then it is a sexual act falling broadly under the exception - thats your contention

J Pardiwala : supposed the husband forces sex on wife by another person, will that will covered under exception 2 ?

Nandy: yes

J Pardiwala : no it will not

J Pardiwala : 'sexual acts' is not defined right?

Nandy : defined under a-d subsections

J Pardiwala : how do you interpret (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

CJI: s. 67 BNS further limits exception 2

Nandy: this would except the husband also from gangrape

Nandy : s. 63 A-D will also say to that extent that if a man has another man's penis inserted into a woman's vagina, mouth etc then that will also be rape- this is also true for objects

CJI: that will not fall under the exception - if a person gets a third party to constitute sex by 3rd party that iam not sure he will be guilty of rape

CJI: so whether the intercourse is anal or vaginal, so long as it is performed within the marriage will not be rape

CJI: so long as the wife is 18 years, the man will get the benefit of the exception but not when the wife is under 18 yrs

Nandy: anal rape if committed by husband is exempted under exception 2 - its not a 'sexual act'