No proposal to criminalise 'marital rape' as BNS & law against domestic violence protect married women: Government in Rajya Sabha

The home ministry clarified to the Rajya Sabha that there are no plans to criminalize consensual sexual acts between a husband and wife, provided the wife is 18 or older.

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Representative image NEW DELHI: There is no proposal to criminalise sexual intercourse or sexual acts by man with his own wife, the wife not being under 18 years of age, the home ministry informed the Rajya Sabha on Wednesday. In written reply to a question, junior home minister Bandi Sanjay Kumar said “Sections 74,75,76 and 85 of the Bharatiya Nyaya Sanhita , 2023 and the Protection of Women from Domestic Violence Act, 2005 provide for a sufficiently adequate remedy, which include penal consequences, thereby protecting the right and dignity of a woman within the institution of marriage”. While Section 74 of BNS relates to assault or use of criminal force to woman with intent to outrage her modesty, Section 75 deals with sexual harassment , Section 76 with assault or use of criminal force to woman with intent to disrobe and Section 85 with husband or relative of a woman subjecting her to cruelty.

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