Marital Rape Exception (MRE)

Published on 10 Sep 2025

• A Private Member's Bill was introduced in the Rajya Sabha to remove the marital rape exception (MRE) in the Bharatiya Nyaya Sanhita. 

• A "private member" refers to a Member of Parliament (MP) or Member of Legislative Assembly who is not a minister.

• The MRE stems from the colonial “doctrine of coverture,” which treated husband and wife as a single legal entity. 

• Exception 2 of Section 63 of BNS (formerly Section 375 IPC) excludes forced intercourse with a wife over 18 from the definition of rape. 

• The Bharatiya Nyaya Sanhita (Amendment) Bill, 2024 by the private member, proposes removing this exception, stating that marriage should not be a mitigating factor in rape cases. 

• Past Law Commission reports (42nd and 84th) recommended its removal, and the Prevention of Women from Domestic Violence Act, 2005, recognizes marital rape as domestic violence but not a criminal offense.

The Chhattisgarh High Court had also recently ruled that a husband cannot be charged with rape or unnatural sex with wife.

Keywords:

Marital Rape Exception MRE Marital Rape Women Domestic Violence Dowry Prevention of Women from Domestic Violence Act Private Member's Bill Gender justice Equality doctrine of coverture Bharatiya Nyaya Sanhita BNS marriage Rape cases