International Journal of Legal Science & Innovation
[ISSN 2581 – 9453]
An Analysis of Marital Rape under the Bharatiya Nyaya Sanhita: Legal, Social, and Cultural Implications
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Salesh
Research Scholar at Baba Mastnath University, Rohtak , Haryana, India
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Prof. C. P. Sheoran
Professor Emeritus at Faculty of Law, Baba Mastnath University, Rohtak, Haryana, India
Abstract
This paper examines the legal provisions relating to marital rape under the Bharatiya Nyaya Sanhita (BNS), India’s new criminal code, and explores its legal, social, and cultural implications. By comparing the BNS to the earlier legal framework under the Indian Penal Code (IPC), this paper highlights the evolving judicial recognition of marital rape as a criminal offense. The research focuses on how the new laws challenge traditional notions of marriage, address issues of gender inequality, and have the potential to bring about societal transformation. Furthermore, it provides insights into the merits and demerits of the law and offers suggestions for effective implementation. Ultimately, this paper reflects on the potential for the BNS to reshape societal perceptions of marital relations and gender-based violence.
Type
Research Paper
Information
International Journal of Legal Science and Innovation, Volume 7, Issue 2, Page 382 - 393
DOI: https://doij.org/10.10000/IJLSI.112567Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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