Can husband be tried for marital rape if law says not offence: SC

NEW DELHI: Citing Article 20(1) of the Constitution which shields persons from prosecution for an act which is not an offence under existing penal laws, the Supreme Court on Wednesday asked whether a husband can be prosecuted for marital rape when the law categorically states that it is not an offence, even as it agreed with the Centre that the matter should be left for Parliament’s consideration.Article 20(1) provides that “no person shall be convicted of any offence except for violation of law in force at that time…” Section 375(2) of IPC said “sexual intercourse or sexual acts by a man with his wife, the wife not being under 15 years, is not rape” (wife’s age was raised to 18 by SC in 2017), with the provision replicated in Sect 63(2) of BNS.Centre should go back to drawing board if law has a problem, says SCWith a bunch of petitions…