Marital ties ‘qualitatively different’, may shield spouse from rape charge: Delhi HC

The protection given to husbands from being booked for rape under the IPC may have to do with the “qualitative difference” between marital and non-marital relationships, the Delhi high court said on Monday. In preliminary remarks, Justice C Hari Shankar, as part of a division bench, tested claims and submissions made by a batch of petitions seeking to criminalise sex without consent in a marriage as ‘marital rape’.

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