Delhi HC gives split verdict on marital rape, matter referred to higher bench

New Delhi, May 11: The Delhi High Court's two-judge bench on Wednesday pronounced a split verdict on criminalising marital rape. The Delhi HC division bench was hearing petitions demanding the criminalisation of marital rape. While Justice Rajiv Shakdher ruled in favour of criminalising, Justice Hari Shankar disagreed. Justice Shakdher held Exception 2 to Section 375 IPC, which exempts husband from the offence of rape for forcible sex with wife, as unconstitutional. According to him, husbands can be held criminally liable for sexual relations without the consent of the wife. Also Read | Police uncover launcher used in Mohali blast; several suspects arrested However, Justice Hari Shankar disagreed with Justice Shakdher in the marital rape case. He ruled that Exception 2 to Section 375 does not violate the Constitution as it is based on intelligible differences. The marital rape case will be referred to a three-judge bench due to a split verdict The Delhi HC said the issue is a substantial question of law. "We grant leave to appeal," the bench ruled. Also Read | End of an era! Apple discontinues iPod after 20 years -PTC News