[Marital Rape] If striking down Exception 2 amounts to creation of a new offence, should we not touch it? Delhi High Court

The Court asked Advocate Karuna Nundy, appearing for the petitioners, to check precedents in which the courts have struck down a provision even if it amounted to a creation of a new offence.
[Marital Rape] If striking down Exception 2 amounts to creation of a new offence, should we not touch it? Delhi High Court
Justice Rajiv Shakdher, Justice C Hari Shankar and Delhi High Court

While hearing arguments in the petitions demanding the criminalisation of marital rape, the Delhi High Court on Monday asked whether striking down the exception provided in Section 375 of the Indian Penal Code (IPC) would amount to creating a new offence [RIT Foundation v. Union of India].

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