BNS Archives - The Womb

A Sign of Obsoleteness: Marital Rape exception in the Bhartiya Nyaya Sanhita

Guest Author08/12/2024031 views

The marital rape exception (referred to as the ‘MRE’ by the Delhi HC) has been a contentious issue in the legal world. The introduction of new criminal laws, that have come into effect on 1st July, have fuelled the debate further. The Bhartiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), as the ruling government claims, intends to wipe out archaic traces of the colonial era embedded in the IPC. However, marital rape being retained in the new law, as an exception to the rape offence, has attracted criticisms that question the very purpose of the criminal law overhaul in the country. This article aims to evaluate judicial views on this matter while making a strong case for deleting the MRE to uphold individual liberty.

The Three New Criminal Laws: A Woman’s View

Guest Author08/12/2024030 views

The Indian criminal law system has been overhauled by the three criminal laws namely the Bhartiya Nyaya Sanhita (BNS) act, Bhartiya Nagarik Suraksha Sanhita (BNSS) act and the Bhartiya Sakshiya act (BSA) which seek to supersede the Indian Penal Code, 1860, the CrPC, 1973 and the Evidence Act, 1872 respectively. Since then, the changes introduced by these laws and their implications on the society have been a matter of discussion in the legal and political world. In addition to carrying the colonial baggage, the old penal code is premised on archaic notions of womens’ role in the society, which hindered their social progress and further rendered gender equality a far-fetched goal.