The Supreme Court on Tuesday agreed to list for hearing the pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra took note of the submissions of senior advocate Indira Jaising, appearing for one of the parties, that the petitions be accorded “some priority”.
The CJI said the pleas will be heard and indicated that they might be taken up on July 18.
Under the exception clause of Section 375 of the Indian Penal Code, now repealed and replaced by the Bhartiya Nyaya Sanhita, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
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