Now repealed and replaced by the Bhartiya Nyaya Sanhita, under the exception clause of Section 375 of the Indian Penal Code, sexual intercourse led by a man with his wife, who's an adult, is not categorized under rape.

The Supreme Court has taken a significant step by issuing notice to the Centre concerning a plea that challenges the retention of the marital rape exception in the new criminal law, Bharatiya Nyay Sanhita.