Sr Adv Indira Jaising mentions before... ... LiveLaw Breaking News Alerts: 07 September 2026

Sr Adv Indira Jaising mentions before #SupremeCourt the batch of matters pertaining to #MaritalRapeExemption

Jaising: Matter listed on 9th as item 108. It's a group of 8 matters, challenging Marital Rape exemption. First listed matter. HC has directed a prosecution under existing law. Four matters arise from reference by HC. One filed in 2026. Union has not filed a substantive affidavit, save and except preliminary objection. Please list in November. Union be directed to file reply

Sr Adv Siddharth Dave: HC order says husband can be prosecuted for marital rape

Sr Adv Karuna Nundy: There are essentially 2 kinds of matters - one is constitutional validity...one is a PIL which challenges the BNS provision. Completion of pleadings is to be seen. There are still some prosecutions happening under IPC

CJI- Old prosecutions must be continuing under IPC. Challenge to BNS or IPC - that would be more or less same thing. Those matters can be directed together. Constitutionality or reading down issue (can be seen together). What reply will Union give in a matter of constitutionality? Are they opposing?

Jaising: We don't know

CJI: We will ask Union on 9th when the matter is listed.