Bangalore: The Karnataka government has supported the prosecution of a husband in a case of marital rape. The state government has filed an affidavit in the Supreme Court supporting the Karnataka High Court's decision. The High Court upheld the charges against the husband under Section 376 of the IPC for forcible sexual intercourse with the wife.

Whereas earlier the Central Government had refrained from taking a clear stand on criminalizing Marital Rape challenging Exception 2 of Section 375 of the IPC in petitions filed before the Delhi High Court. The Karnataka High Court had given its verdict refusing to quash the FIR of marital rape. A single bench of Justice M Nagaprasanna said that Exception 2 to Section 375 of IPC – which exempts a husband from the offense of rape against his wife is not “absolute”.

He remarked that a man is a man, an act is an act and rape is rape, even if it is committed by the husband. Without making any pronouncement on the constitutionality of the marital rape exception, the High Court observed that in the specific facts and circumstances of this case, there cannot be complete immunity to the husband for such sexual assault/rape, as there is no exemption in the law.

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