Over the last several months, arguments challenging the constitutionality of the marital rape exception in Section 375 of the Indian Penal Code (IPC) had gripped the Delhi High Court. While the judgment in those petitions is still awaited, in one clean swoop Justice M. Nagaprasanna of the Karnataka High Court on March 23, 2022, in the case of Hrishikesh Sahoo vs State of Karnataka, pronounced the end of the marital rape exception.
The background
Outcomes in judicial proceedings are almost always shaped by the cases which come before the courts. This judgment was a result of a unique case where a woman had filed a criminal complaint of rape against her husband due to the repeated acts of sexual assault she had to face. The police registered her complaint under Section 376 notwithstanding the marital rape exception, a charge sheet was filed and the Sessions Judge took cognisance and framed charges under Section 376. The husband filed an application to drop the charge of Section 376 but the Sessions Judge rejected it. This led to the husband approaching the High Court seeking to quash the criminal proceedings.
