Marital Rape in India: A Critical Legal and Evidentiary Analysis

Marital rape remains one of the most contested and inadequately addressed forms of sexual violence in India. Despite evolving constitutional jurisprudence emphasizing dignity, bodily autonomy, and gender equality, the marital rape exception under section 375 of the Indian penal code continues to provide legal immunity to husbands. This paper critically examines the legal framework governing marital rape in India, with a specific focus on the evidentiary challenges that impede effective prosecution and justice delivery. The study adopts a doctrinal and analytical methodology, examining statutory provisions, judicial pronouncements, and constitutional principles relevant to consent, marriage, and sexual autonomy. It highlights how traditional notions of marital sanctity have influenced evidentiary standards, often placing an onerous burden on the victim to prove non-consent within the private sphere of marriage. The paper also analyzes the limitations of existing evidence laws, including issues related to corroboration, credibility assessment, and the admissibility of medical and testimonial evidence in marital rape cases. By comparing constitutional mandates with prevailing legal practices, the paper argues that the continued exclusion of marital rape from the penal framework undermines women’s fundamental rights and weakens the criminal justice system’s response to sexual violence. The study concludes by emphasizing the need for legal and evidentiary reforms that balance the institution of marriage with the principles of consent, autonomy, and substantive equality.