An Analysis of Marital Rape under the Bharatiya Nyaya Sanhita: Legal, Social, and Cultural Implications

This paper examines the legal provisions relating to marital rape under the Bharatiya Nyaya Sanhita (BNS), India’s new criminal code, and explores its legal, social, and cultural implications. By comparing the BNS to the earlier legal framework under the Indian Penal Code (IPC), this paper highlights the evolving judicial recognition of marital rape as a criminal offense. The research focuses on how the new laws challenge traditional notions of marriage, address issues of gender inequality, and have the potential to bring about societal transformation. Furthermore, it provides insights into the merits and demerits of the law and offers suggestions for effective implementation. Ultimately, this paper reflects on the potential for the BNS to reshape societal perceptions of marital relations and gender-based violence.