Lagatar24 Desk
New Delhi, Sept 16: In an appeal against the Delhi High Court’s divided decision over the legality of Exception 2 to Section 375 of the Indian Penal Code, the Supreme Court on Friday sought a response from the Central government.
Supreme Court issues notice to Centre & others on pleas against Delhi HC's split verdict on issue relating to criminalising marital rape matter. SC agrees to examine pleas relating to issue on criminalising marital rape. SC lists the matter in February 2023 for further hearing. pic.twitter.com/8hU6RGnZ6r
— ANI (@ANI) September 16, 2022
A bench of Justices Ajay Rastogi and BV Nagarathna gave notice in the case challenging Exception 2 to Section 375, which practically says that a man who engages in non-consensual intercourse with his wife cannot be charged with rape.
A Division Bench made up of Justices Rajiv Shakdher and C. Hari Shankar issued a divided decision in the matter on May 11 after the High Court had previously heard a challenge to the legitimacy of the same.
Justice Shakdher declared the clause illegal, and Justice Shankar supported it.
The appellant Saifi disagreed with Justice Hari Shankar’s assessment and backed Justice Rajiv Shakdher’s decision.
