The Supreme Court has commenced hearings to determine if the marital rape exception under the Indian Penal Code and the new Bharatiya Nyaya Sanhita remains constitutionally valid. The court emphasized that marriage does not remove an individual's autonomy, with final arguments scheduled to start in three weeks.
On Wednesday, September 9, 2026, the Supreme Court of India officially opened its hearings to examine the constitutional validity of the marital rape exception. This legal provision, found in Exception 2 of Section 375 of the Indian Penal Code and Section 63 of the new Bharatiya Nyaya Sanhita, has been the subject of long-standing debate regarding its impact on spousal rights.
A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, is presiding over the matter. During the initial proceedings, the bench highlighted that marriage does not signify the extinction of a woman's individual autonomy. This remark signals that the court is closely reviewing whether the current legal exception is consistent with fundamental constitutional rights concerning bodily integrity.
Determining the Legal Path
To ensure a comprehensive review, the Supreme Court has adopted a two-step approach. Rather than jumping immediately into the broader constitutional challenge, the bench decided to first address a specific appeal from the Karnataka High Court. This case involves allegations against a husband accused of severe abuse. By reviewing this specific matter first, the court aims to determine if existing statutes already provide the legal space to prosecute such acts, or if a specific change in the law is required.
Government Stance and Legislative Intent
The case has highlighted a distinct difference in opinion between the judiciary and the executive. The Union Government has consistently maintained that the criminalization of marital rape is a matter of legislative policy. According to the government, it is the role of Parliament to debate and pass such laws, rather than the court. Government representatives have previously argued that the current exception was designed to protect the institution of marriage and that removing it could lead to potential misuse, such as an increase in false or retaliatory legal complaints.
The Supreme Court has acknowledged these arguments but remains focused on the constitutional aspects of the case. The bench has directed all parties involved to consolidate their pleadings to prepare for a final review. The court has scheduled the final hearings to commence in three weeks, to be held on Wednesdays and Thursdays. This will be the key period to watch, as it will determine whether the court proceeds to strike down the exception or leaves the decision to the legislature.