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Crime
Goa Court Discharges Man Charged with Rape, Citing Absence of Marital Rape Law
✍️ The Indian Express
🗓 23 Aug 2026, 09:38 AM
👁 34
A Goa court has acquitted a man accused of raping his wife, stating that Indian law does not recognise marital rape.
A Goa trial court on Monday discharged a man who had been charged with raping his spouse. The judge ruled that the prosecution could not establish a non-consensual act because the Indian Penal Code does not define marital rape as an offence.
The decision highlights a long‑standing gap in Indian criminal law: while all other forms of sexual assault are punishable, the law expressly excludes sexual acts between a husband and wife from being classified as rape. Legal analysts say this exemption continues to spark debate over gender equality and victim protection.
Human‑rights groups have repeatedly urged the legislature to amend the penal code to include marital rape, arguing that the current framework leaves many women vulnerable. The court’s order, however, reflects the present statutory position, and no further appeal has been recorded as of now.
The decision highlights a long‑standing gap in Indian criminal law: while all other forms of sexual assault are punishable, the law expressly excludes sexual acts between a husband and wife from being classified as rape. Legal analysts say this exemption continues to spark debate over gender equality and victim protection.
Human‑rights groups have repeatedly urged the legislature to amend the penal code to include marital rape, arguing that the current framework leaves many women vulnerable. The court’s order, however, reflects the present statutory position, and no further appeal has been recorded as of now.