Now Reading: Section 67 BNS may open path to marital rape recognition
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Section 67 BNS may open path to marital rape recognition
A legal analysis has argued that Section 67 of the Bharatiya Nyaya Sanhita 2023, which criminalises non-consensual sex with a wife living separately, could be interpreted to cover far more situations than…
A legal analysis has argued that Section 67 of the Bharatiya Nyaya Sanhita 2023, which criminalises non-consensual sex with a wife living separately, could be interpreted to cover far more situations than previously understood. The provision, equivalent to Section 376B of the Indian Penal Code, applies when spouses live apart "whether under a decree of separation or otherwise." The analysis contends that the word "otherwise" is not accidental and was intended by Parliament to include all legally recognised circumstances where spouses reside separately.
These could include protection orders under the Domestic Violence Act, judicial separation under the Hindu Marriage Act or the Special Marriage Act, and maintenance proceedings that acknowledge separate residence. The argument does not remove the marital rape exception but uses existing statutory language to expand the reach of Section 67, bringing it in line with constitutional values of dignity and bodily autonomy. Courts have yet to rule definitively on the scope of this provision.
Indian Opinion Analysis
The interpretative argument rests on a well-established principle of statutory construction: every word in a statute is presumed to have meaning. The Supreme Court has repeatedly held that courts cannot treat legislative language as surplusage. What is notable here is that the argument does not ask the judiciary to strike down the marital rape exception, which would risk a political backlash, but instead invites it to read an existing provision expansively. The cases that will test this are individual trials under Section 67 where a husband argues the couple was not legally separated. The first appellate ruling that accepts an order under the Domestic Violence Act as proof of separate living could set a precedent. The real development to watch is the next high court judgment that interprets the word "otherwise."
Source: livelaw.in
This brief was synthesised by AI from the source linked above.
