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ISSN 2063-5346
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A CRIMINOLOGICAL STUDY ON REFORMS FOR CASES OF MARITAL ASSAULT

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Ashish Pathak
» doi: 10.48047/ecb/2023.12.si5.314

Abstract

Women in India have faced incidents of crimes like rape, outraging modesty, insult, etc., and one of the similar issues that need attention is marital rape. It means that a husband is having sexual intercourse against the will of his wife. In India, it has been a hot topic over the period where debates have raised the question that does a man gets the right to have sexual intercourse with his wife against her will or without her consent? The Indian Penal Code doesn’t make it an offence if the wife is above the age of fifteen years. So, the consent of the woman is immaterial once she has entered into a bond of marriage with a person. The question that needs to be answered here is why a woman should surrender her decision-making capacity to the husband only because she is married to him. The author of this research paper has tried to find out the loopholes in the criminal laws of India covering the issue and discussed the proposed laws and remedies for married women. The research methodology adopted is purely doctrinal including the principles of applied research. The literature review contains an analysis of articles written by eminent authors, experts, in the field of criminal and marriage laws

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