Is forceful intercource with wife an offence?

This is a very tricky question and dark area of law.

---   no darkness is there,

here is the basic question

As per Indian Law, is forceful intercourse with wife an offence? If yes, does it come under rape or mental cruelty?

answer is this -

IPC Sec 375. Rape.--A man is said to commit "rape" who, except in the case hereinafter excepted, has s*xual intercourse with a woman under circumstances falling under any of the six following descriptttions:-

Sixthly.- With or without her consent, when she is under sixteen years of age.

Exception.- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

as per ipc it will not be rape.

* if the wife obtained the order of "judicial seperation" from a competent court, and she refused to do s*x with her husband, - then it will be rape.

if anybody like to challenge the above, please post  his/ her points of objection.

@Arup & @Tajobsindia thanks for help. Now, its clear that it doesn't come under ipc 375. Then, under which sec/act the wife could approach the court against forceful s*x from husband? As already said by @Tajobsindia, is it DV act? I didn't see any clear definition about forceful s*x in DV act...so I assume that it is covered under mental/physical cruelty/aggressiveness.

sonu ji,

why are you trying to make law?

law is written and weldefined, nothing hestizy is there.

unwilling wife can not bring any penal complain.

unwillingness to s*x with the spouse is matrimonial offence not penal.

Then, under which sec/act the wife could approach the court against forceful s*x from husband?

---   matrimonial cruelty, not penal offence.

she has to show some definite and reasonable excause.

otherwise it is a matrimonial cruelty and desertation to her husband.

have you any actual problem or academic discussion.

@arup ji

You are legally correct that as per law it's not rape. However if you read my post clearly, then I have uncovered the possible pro & cons of such law if it existed. Also I have tried to formulate my view as how such law can be brought and how it would be helpful.

//peace

/Saurabh.V

zeeshan i suspected it to be so, i think munne bhaisahab is meenal bahadur too. zeeshan you say your baby is taken from you, but how are you getting photos of your cute baby? your cute baby seems to have grown a bit too.

have you applied for visitation right?

The following point i was missing.

376A.  Intercourse by a man with his wife during separation. -- Whoever has s*xual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either descripttion for a term which may extend to two years and shall also be liable to fine.

above is from ipc

Awww!!

I wish I had such a romantic husband who started at  me all the time;not someone who hid his real age.

What about forceful marriage done by husband with someone of his daughter's age,Mr. Lawyer?Is there any way out for the young blood?

Its cruelty against wife.