Year: 2025
Type: article
Abstract: This research paper critically analyzes the legal and societal dimensions of marital rape in Indiausing Indian jurisprudence as a framework. The primary objectives are to evaluate the evolutionof women's rights under Indian law, examine the laws now in place regarding rape, and highlightthe distinctions between marital rape or the legal definitions. Using a doctrinal research technique,the study demonstrates that current matrimonial laws are inadequate to prevent marital rape.According to the research, marital rape should be included as a separate criminal offense in theBharatiya Nyaya Sanhita (BNS) 2023 because the current remedies under Section 85 of the BNSand the Security of Women Against Domestic Violence Act (DV Act) of 2005 are inadequate.
Authors: Muskan Sharma, Sonia Rajoria
Institution: Gitarattan International Business School
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409195136