CJI Chandrachud will not be able to give a verdict in marital rape cases

The Supreme Court has adjourned the hearing of petitions seeking to declare marital rape a crime. A bench led by CJI DY Chandrachud said that since the arguments of the lawyers are yet to be completed, a verdict cannot be given before November 10, before CJI Chandrachud’s retirement. Therefore, a new bench will hear the matter after four weeks.

CJI’s Retirement is Near

The bench of CJI Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra was requested by the lawyers to adjourn the matter as CJI Chandrachud’s retirement is near. Both sides’ lawyers argued that each of them would need a day to argue. Senior advocate Shankaranarayanan said that considering the material on record, they would need at least a day to present their arguments. He said, “This is a significant issue. My conscience does not permit me to suppress it. A lot needs to be said on this.” SG Tushar Mehta also requested a day to present his arguments. The CJI said that since each lawyer would need a day, it would not be possible to complete the hearing soon.

IPC and BNS Provisions are Similar

The bench had started hearing the petitions on October 17. Section 375 of the IPC, which has an exception in Clause 2, excludes marital rape from the definition of rape. Similarly, the Indian Penal Code (BNS) also has a similar provision, which came into effect on July 1 this year, replacing the IPC.