International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Volume 8 Issue 3
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Marital Rape As An Invisible Crime: Challenges In Criminalization And Prosecution In India

Author(s) Dr. Priyadarshini Samantray
Country India
Abstract Marital rape is a hidden, pervasive and routinely neglected GBV crime in India that is given legal protection, social protection and institutional protection. Millions of married women are a victim of such crime, but it is still underreported, under prosecuted, and under-recognized. Even the exception of marital rape of the colonial era was in Bharatiya Nyaya Sanhita 2023, which was referred to as a complete revamp of Indian Criminal Law. The paper attempts to delve into the various complexities which render marital rape invisible within the Indian criminal law and society. The study identifies three main barriers to the implementation of this law: (1) exclusion of marital rape from the definition of rape in the law as per Section 63 of BNS; (2) lack of support systems and prosecutorial problems including evidentiary issues and institutional biases; (3) sociocultural barriers to reporting rape including patriarchal norms, family honour concerns and economic dependence. This paper summarises the efforts to pass legislation from 2013 to 2023, looks at the similarities and differences between the domestic violence and criminal rape legislation, and briefly examines enforcement challenges. The results of this comparative analysis of jurisdictions successful in criminalizing and prosecuting marital rape offers a basis for a comprehensive reform plan for the BNS, which may include reforming the statute, developing prosecution guidelines, assisting victims, and creating public awareness campaigns.
Keywords Marital Rape, Invisible Crime, Bharatiya Nyaya Sanhita, Criminalization, Prosecution Challenges, Section 63 BNS, Domestic Violence, Evidentiary Issues, Legal Reform, Gender-Based Violence
Published In Volume 8, Issue 3, May-June 2026
Published On 2026-05-22
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E-ISSN 2582-2160
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