TRAVERSING THE LEGALITY OF MARITAL RAPE: AN ANALYSIS IN LIGHT OF MODERN INDIAN CRIMINAL LAW

This paper research about whether the marital rape is an offense or not. Rape is a cruel form of violation of the right to privacy for women and a violation of human rights against women.  It is not only the physical effect but also the psychological effect. Rape is considered an offense under Section 375 of the Indian Penal Code, 1860 which will be replaced by Bharatiya Nyaya Sanhita, 2023 defined the same as under Section 63 of said sanhita but have some modifications. No specific laws were criminalized and penalized the marital rape. Since marital rape is not considered an offense of rape and not the offense is criminalized. This paper gives us efficient matter about the marital rape. There are so many judicial decisions is pronounced the validity of marital rape. Both sides of marital rape are offenses and not offenses are equal value. But one thing will strongly be concluded: we all have equal rights and no right to be infringed in any way.